Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 615-599 |
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Noori Roomanan F, Tadayyon A, Yousefian Shuredeli B. A Look at the Right to Health and the Special Rights of Certain Groups in the Field of International Humanitarianism with an Emphasis
on the Disabled and Vulnerable People. MLJ 2023; 17 (58) :615-599
URL: http://ijmedicallaw.ir/article-1-1663-en.html
URL: http://ijmedicallaw.ir/article-1-1663-en.html
1- Department of Criminal Law and Criminology, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Criminal Law and Criminology, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
2- Department of Criminal Law and Criminology, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
Abstract:
Background and Aim: Although the right to health is one of the human rights, it is also considered necessary to fulfill other human rights. In the preamble of the World Health Organization, the right of every human being to access the highest possible level of health is recognized, but the lack of such special rights for the disabled and vulnerable as a group with more restrictions than other civilians is one of the serious problems of international humanitarian rights. In this article, we seek to find an answer to this question: Does international humanitarian law in the four Geneva Conventions and the Statute of the International Criminal Court consider special rights for disabled and disabled people compared to other civilians?
Methods: This article is written in a descriptive-analytical yet practical method, through the collection of library and documentary data and rules and analytical review of the findings.
Ethical Considerations: Scientific honesty and trustworthiness have been fully respected throughout the current research.
Results: It seems that by looking through the above-mentioned international documents, there is no such right that can consider the limitations of these people in relation to other civilians involved in hostilities, such as easy accessibility to centers. Medicine and healthcare should be considered as a strategic principle for them, and in case of injury, unconditional treatment of these people on behalf of each of the belligerent parties should be part of their binding obligations, or the non-threat of violence against these people from other health obligations of the conflicting parties.
Conclusion: It is recommended, considering the more restrictions of disabled and vulnerable people compared to other civilians, special rights under the title "Protection of the right to health of disabled and vulnerable people" should be provided with an international executive guarantee as an addendum.
Please cite this article as:
Noori Roomanan F, Tadayyon A, Yousefian Shuredeli B. A Look at the Right to Health and the Special Rights of Certain Groups in the Field of International Humanitarianism with an Emphasis on the Disabled and Vulnerable People. Medical Law Journal. 2023; 17(58): e41.
Methods: This article is written in a descriptive-analytical yet practical method, through the collection of library and documentary data and rules and analytical review of the findings.
Ethical Considerations: Scientific honesty and trustworthiness have been fully respected throughout the current research.
Results: It seems that by looking through the above-mentioned international documents, there is no such right that can consider the limitations of these people in relation to other civilians involved in hostilities, such as easy accessibility to centers. Medicine and healthcare should be considered as a strategic principle for them, and in case of injury, unconditional treatment of these people on behalf of each of the belligerent parties should be part of their binding obligations, or the non-threat of violence against these people from other health obligations of the conflicting parties.
Conclusion: It is recommended, considering the more restrictions of disabled and vulnerable people compared to other civilians, special rights under the title "Protection of the right to health of disabled and vulnerable people" should be provided with an international executive guarantee as an addendum.
Please cite this article as:
Noori Roomanan F, Tadayyon A, Yousefian Shuredeli B. A Look at the Right to Health and the Special Rights of Certain Groups in the Field of International Humanitarianism with an Emphasis on the Disabled and Vulnerable People. Medical Law Journal. 2023; 17(58): e41.
Type of Study: Original Article |
Received: 2023/06/10 | Accepted: 2023/07/24
Received: 2023/06/10 | Accepted: 2023/07/24
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