Volume 2, Issue 4 (Spring 2008)                   MLJ 2008, 2(4): 129-167 | Back to browse issues page

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Abbasi M, Abbasian L, Ehsanpour S R, Ghanbari A. HIV Transmission by Sexual Intercourse and Blood Transfusion Regarding to Civil Effects and Criminal Law. MLJ. 2008; 2 (4) :129-167
URL: http://ijmedicallaw.ir/article-1-447-en.html

This article, first represents statistics of AIDS in Iran and the world, then studies the feature of AIDS disease, the factors of infection and the ways of its transmission. In this article we regards to the special group such as children, women and prisoners. Moreover some issues related to the observation of human rights principle in respect of HIV-positive persons are discussed.

The next section dedicated to criminal liability to transmission of HIV where the arguments for and against criminalization of HIV transmission would be discussed. In Iranian penal code there are some suitable criminal subjects like murder, attempt murder and transmission of STD to apply in respected behaviors. Abortion of HIV positive fetus would also be forbidden in both Islamic rules and penal code. The final section discusses civil liability of physicians and nurses through transmission of HIV to patient and results that all damages suffered by victim should be compensated.

Received: 2008/02/8 | Accepted: 2008/04/6

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