Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 522-537 |
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Khodadad Z, Zamani S Q. The Conflict between the Right to Health with the Right to free Trade and the Right to Security in International Law and Jurisprudence. MLJ 2023; 17 (58) :522-537
URL: http://ijmedicallaw.ir/article-1-1660-en.html
URL: http://ijmedicallaw.ir/article-1-1660-en.html
1- Department of International and Public Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran
Abstract:
Background and Aim: Access to health and treatment services is a fundamental right that, due to its belonging to the field of welfare and social rights, its ability to file a lawsuit has been disputed since the emergence of this category of rights. The broad dimensions of the right to health and the place it has in advancing the ideals of human rights are so great that any importance attached to it is due to the importance of dignity of human beings. Sometimes there are some obstacles in the way of the development of international health rights, both in the legislative stage and in the stage of executive guarantee and litigation, the origin of which is the conflict between the right to health, which is a human right, and other rights. This article aims to reveal the conflict between the right to health and rights such as the right to free trade and the right to security.
Method: This research collects data using a documentary and library method and analyze the content of the decisions for its aims.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: To address the question of how international dispute resolution authorities have managed to establish a balance in the conflict between the principles of free trade, security and the right to health.
Conclusion: International dispute resolution authorities consider the right to health to be the first in the normative hierarchy compared to the principle of freedom of trade, but in cases where this right conflicts with the principle of security, it cannot be said with certainty that the international community has reached a consensus on the preference of the right to health.
Please cite this article as:
Khodadad Z, Zamani SQ. The Conflict between the Right to Health with the Right to Free Trade and the Right to Security in International Law and Jurisprudence. Medical Law Journal. 2023; 17(58): e36.
Method: This research collects data using a documentary and library method and analyze the content of the decisions for its aims.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: To address the question of how international dispute resolution authorities have managed to establish a balance in the conflict between the principles of free trade, security and the right to health.
Conclusion: International dispute resolution authorities consider the right to health to be the first in the normative hierarchy compared to the principle of freedom of trade, but in cases where this right conflicts with the principle of security, it cannot be said with certainty that the international community has reached a consensus on the preference of the right to health.
Please cite this article as:
Khodadad Z, Zamani SQ. The Conflict between the Right to Health with the Right to Free Trade and the Right to Security in International Law and Jurisprudence. Medical Law Journal. 2023; 17(58): e36.
Type of Study: Original Article |
Received: 2023/06/7 | Accepted: 2023/08/14
Received: 2023/06/7 | Accepted: 2023/08/14
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