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Hashemi S M, Ostovar Sangari K, Hashemi S M, Zarrabi H. The Possible Ways to Violate the Treatment Right by the Government and the Liability Arising from that. MLJ 2019; 13 (49) :87-121
URL: http://ijmedicallaw.ir/article-1-837-en.html

The right to health and the right to treatment are some of the fundamental rights and essential needs of a society which the state is responsible for this fundamental and permanent society need as the representative of the nation. So the social man has placed the main social duties in the area of the state’s jurisdiction through the choice of the governments, and also has demanded the state to applying it by granting some authorities. Perhaps the right to treatment, which has a very close and direct relationship with the life right, is one of the most important duties of the state. As if in our country, major health services are provided by the public sector. Existing challenge is that in cases which health services are provided by private centers, if the doctors or employees in these centers contravene a citizen’s treatment right, the government is still responsible or not? In which the state’s role is very insignificant and if the responsibility rises from article 12 of the civil liability act can be the basis of state’s responsibility in this field or not? There is no doubt that the government is responsible for meeting the rational community treatment needs and according to rules specification and fundamental changes in governments’ duties about the right to life and treatment right and states international obligations and the immergence of governments human rights discourse, states are responsible for and obligated to support and offer these services to all of their citizens. Therefore in this article with assumption of government direct role in the treatment and management of medical measures and providing, equipping and starting up the centers of the medical units and policy and health care observations, principles of state responsibility in treatment from legal requirement perspectives will be studied.