@article{ author = {Blake, Janet}, title = {Patients’ Cultural Rights in the Clinical Context}, abstract ={This paper is located within two important theoretical discussions in human rights, namely: (i) the view that human rights are indivisible and that, as a consequence, one cannot separate human rights related to health, for example, from those related to politics, civil rights or culture; and (ii) that, within this theoretical position, cultural rights have a privileged position as rights with a transversal or cross-cutting character: in other words they are implicated in many if not most situations where human rights are involved. In this paper, these two theoretical positions are explored through the example of cases where cultural rights operate within the clinical setting, one in relation to the treatment of patients with HIV/AIDs and the other in relation to the language rights of patients in a multi-lingual environment in Africa. In both cases, the relationship between human rights and development is an important context of the discussion and one in which it will be placed. Please cite this article as: Blake J. Patients’ Cultural Rights in the Clinical Context. Iran J Med Law 2017; 10(39): 7-23.}, Keywords = {Right to Health, Cultural Rights, Transversal Human Rights, Sustainable Development}, volume = {10}, Number = {39}, pages = {7-23}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {Patients’ Cultural Rights in the Clinical Context}, abstract_fa ={This paper is located within two important theoretical discussions in human rights, namely: (i) the view that human rights are indivisible and that, as a consequence, one cannot separate human rights related to health, for example, from those related to politics, civil rights or culture; and (ii) that, within this theoretical position, cultural rights have a privileged position as rights with a transversal or cross-cutting character: in other words they are implicated in many if not most situations where human rights are involved. In this paper, these two theoretical positions are explored through the example of cases where cultural rights operate within the clinical setting, one in relation to the treatment of patients with HIV/AIDs and the other in relation to the language rights of patients in a multi-lingual environment in Africa. In both cases, the relationship between human rights and development is an important context of the discussion and one in which it will be placed. Please cite this article as: Blake J. Patients’ Cultural Rights in the Clinical Context. Iran J Med Law 2017; 10(39): 7-23}, keywords_fa = {Right to Health, Cultural Rights, Transversal Human Rights, Sustainable Development}, url = {http://ijmedicallaw.ir/article-1-824-en.html}, eprint = {http://ijmedicallaw.ir/article-1-824-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Rahbar, Navi}, title = {The Challenges of Protecting Children’s Rights in Iran: The bill on Protection of Children and Adolescents: a Friend or Foe?}, abstract ={The legal system of Iran has not been fully successful in protecting minimum rights of children and youth; and has faced some obstacles in complying with international standards. Different laws and regulations have been introduced in domestic legal system to protect children rights and furthermore, Iran has acceded to different conventions on children’s rights. As standards of protection are different in domestic legal system and those set forth in international conventions, this article aims answering this question that how international conventions can be implemented by national courts? This article also examines existing challenges in protecting children’s rights in Iran. Please cite this article as: Rahbar N. The Challenges of Protecting Children’s Rights in Iran: The bill on Protection of Children and Adolescents: a Friend or Foe?. Iran J Med Law 2017; 10(39): 25-48.  }, Keywords = {Right of Children, Legal System of Iran, Protection of Children’ Rights, International Standards, National Courts}, volume = {10}, Number = {39}, pages = {25-48}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {The Challenges of Protecting Children’s Rights in Iran: The bill on Protection of Children and Adolescents: a Friend or Foe?}, abstract_fa ={The legal system of Iran has not been fully successful in protecting minimum rights of children and youth; and has faced some obstacles in complying with international standards. Different laws and regulations have been introduced in domestic legal system to protect children rights and furthermore, Iran has acceded to different conventions on children’s rights. As standards of protection are different in domestic legal system and those set forth in international conventions, this article aims answering this question that how international conventions can be implemented by national courts? This article also examines existing challenges in protecting children’s rights in Iran. Please cite this article as: Rahbar N. The Challenges of Protecting Children’s Rights in Iran: The bill on Protection of Children and Adolescents: a Friend or Foe?. Iran J Med Law 2017; 10(39): 25-48.}, keywords_fa = {Right of Children, Legal System of Iran, Protection of Children’ Rights, International Standards, National Courts}, url = {http://ijmedicallaw.ir/article-1-825-en.html}, eprint = {http://ijmedicallaw.ir/article-1-825-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {MirmohammadSadeghi, Hossein and Izadyar, Ali}, title = {The Method of Judicial Prosecution Response to Iranian Women victimized Overseas}, abstract ={Victimization of women is a widespread and serious issue which is mainly imposed by the dominant biological - psychological, social and cultural structures on women’s life; therefore, it is of great importance in criminal law. This is a serious obstacle for the social, scientific and cultural development of women which makes them more vulnerable; and only by reducing and controlling this issue, it is possible to think about women’s development, and then according to the main role of women in family and society, it is feasible to think about development of society. In this case, reasonable and thoughtful approaches should be considered as a proper criminal policy. One of these approaches is to remedy the deficient supportive role of law; and as a consequence to promote legal support - not only political support - for victimized women at the international level. In other words, one way to prevent and reduce the victimization of women is to provide protection for this vulnerable group outside their country. In the present paper, according to “Passive Personality Principle”, as is accepted by Article 8 of the Islamic Penal Code of 2013, there is a review of the legal process of prosecution response for Iranian women victimized overseas, also, the authors have provides a detailed explanation on the conditions of applying this Article. Please cite this article as: Mirmohammad Sadeghi H, Izadyar A. The Method of Judicial Prosecution Response to Iranian Women victimized Overseas. Iran J Med Law 2017; 10(39): 49-59.  }, Keywords = {Victimization of Women, Criminal Justice Support, International Criminal Law, Personality Principle, Victim’s Nationality}, volume = {10}, Number = {39}, pages = {49-59}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {The Method of Judicial Prosecution Response to Iranian Women victimized Overseas}, abstract_fa ={Victimization of women is a widespread and serious issue which is mainly imposed by the dominant biological - psychological, social and cultural structures on women’s life; therefore, it is of great importance in criminal law. This is a serious obstacle for the social, scientific and cultural development of women which makes them more vulnerable; and only by reducing and controlling this issue, it is possible to think about women’s development, and then according to the main role of women in family and society, it is feasible to think about development of society. In this case, reasonable and thoughtful approaches should be considered as a proper criminal policy. One of these approaches is to remedy the deficient supportive role of law; and as a consequence to promote legal support - not only political support - for victimized women at the international level. In other words, one way to prevent and reduce the victimization of women is to provide protection for this vulnerable group outside their country. In the present paper, according to “Passive Personality Principle”, as is accepted by Article 8 of the Islamic Penal Code of 2013, there is a review of the legal process of prosecution response for Iranian women victimized overseas, also, the authors have provides a detailed explanation on the conditions of applying this Article. Please cite this article as: Mirmohammad Sadeghi H, Izadyar A. The Method of Judicial Prosecution Response to Iranian Women victimized Overseas. Iran J Med Law 2017; 10(39): 49-59.  }, keywords_fa = {Victimization of Women, Criminal Justice Support, International Criminal Law, Personality Principle, Victim’s Nationality}, url = {http://ijmedicallaw.ir/article-1-826-en.html}, eprint = {http://ijmedicallaw.ir/article-1-826-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Norouzi, Nader}, title = {Victimology or Victimization of the Women in War}, abstract ={Sacrifice has been an ancient ritual of pre-monotheistic religions; performed to please the gods. Over the ages, sacrifice has always been of interest and “human” sacrifice has replaced the "animal sacrifice.” Humans performed sacrifice to escape the misfortunes and disasters. However, today, sacrifice (victim) does not only refer to those that have been killed, but also to those who suffer from loss as a result of a shocking event or a trauma. The most important forms of sacrifice in the present century are the casualties and victims of war. The most important victims are the women and children who are the most vulnerable ones. Women are considered as the main victims of war because they are hurt more; both sexually and psychologically during the war. With reference to the events occurred during the war in Bosnia and Rwanda, this article elaborates on this issue, and as a practical solution, presents a general framework to support the women victimized during conflicts. Please cite this article as: Norouzi N. Victimology or Victimization of the Women in War. Iran J Med Law 2017; 10(39): 61-75.  }, Keywords = {Sacrifice, Victimization, War, Women, Social Harm }, volume = {10}, Number = {39}, pages = {61-75}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {Victimology or Victimization of the Women in War}, abstract_fa ={Sacrifice has been an ancient ritual of pre-monotheistic religions; performed to please the gods. Over the ages, sacrifice has always been of interest and “human” sacrifice has replaced the "animal sacrifice.” Humans performed sacrifice to escape the misfortunes and disasters. However, today, sacrifice (victim) does not only refer to those that have been killed, but also to those who suffer from loss as a result of a shocking event or a trauma. The most important forms of sacrifice in the present century are the casualties and victims of war. The most important victims are the women and children who are the most vulnerable ones. Women are considered as the main victims of war because they are hurt more; both sexually and psychologically during the war. With reference to the events occurred during the war in Bosnia and Rwanda, this article elaborates on this issue, and as a practical solution, presents a general framework to support the women victimized during conflicts. Please cite this article as: Norouzi N. Victimology or Victimization of the Women in War. Iran J Med Law 2017; 10(39): 61-75.  }, keywords_fa = {Sacrifice, Victimization, War, Women, Social Harm }, url = {http://ijmedicallaw.ir/article-1-827-en.html}, eprint = {http://ijmedicallaw.ir/article-1-827-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Mohammadi, Ghassem and GhanizadeBafghi, Maryam}, title = {Empowerment of Women against Victimization in the I.R.Iran}, abstract ={By the revolution 1979, Islamic Republic of Iran has regarded empowerment of women as fundamental policy. This could be even seen in Iranian Constitution, which refers in its preamble and article 21st to the position of women and their rights. This policy has been categorized in the frame of some strategies, we are just going to focus on the prevention and immunization. The Prevention and the Immunization deals with the programs which can be evolutionally effective to improve women’s situations. According to the legal program, a large number of laws and regulation have been passed in the parliament since the beginning of the revolution such as “Security of Unprotected Women & Children Act, 1984”,“Combating human trafficking especially women & children, 2006” which are effective to decrease women’s victimization. According to the economic program, poverty is considered as an important factor that effects on delinquency of all persons especially women. So providing social justice and economic security, which is noted in article 3th (12) of Iranian Constitution, has always been given priority in government. Finally it must be mentioned that although the range of the measures and endeavors already applied are not comparable with those before 1979, and the victimized ones have better status, we have a great distance with the ideal position which is predicted in an upstream document, “2025 Outlook Document”. So the ultimate aims must be strongly pursued. Please cite this article as: Mohammadi G, Ghanizade Bafghi M. Empowerment of Women against Victimization in the I.R.Iran. Iran J Med Law 2017; 10(39): 77-85}, Keywords = {Women’s Empowerment, Strategies Aand Programs, Victimization, Individual and Social Abilities, Clinical View}, volume = {10}, Number = {39}, pages = {77-85}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {Empowerment of Women against Victimization in the I.R.Iran}, abstract_fa ={By the revolution 1979, Islamic Republic of Iran has regarded empowerment of women as fundamental policy. This could be even seen in Iranian Constitution, which refers in its preamble and article 21st to the position of women and their rights. This policy has been categorized in the frame of some strategies, we are just going to focus on the prevention and immunization. The Prevention and the Immunization deals with the programs which can be evolutionally effective to improve women’s situations. According to the legal program, a large number of laws and regulation have been passed in the parliament since the beginning of the revolution such as “Security of Unprotected Women & Children Act, 1984”,“Combating human trafficking especially women & children, 2006” which are effective to decrease women’s victimization. According to the economic program, poverty is considered as an important factor that effects on delinquency of all persons especially women. So providing social justice and economic security, which is noted in article 3th (12) of Iranian Constitution, has always been given priority in government. Finally it must be mentioned that although the range of the measures and endeavors already applied are not comparable with those before 1979, and the victimized ones have better status, we have a great distance with the ideal position which is predicted in an upstream document, “2025 Outlook Document”. So the ultimate aims must be strongly pursued. Please cite this article as: Mohammadi G, Ghanizade Bafghi M. Empowerment of Women against Victimization in the I.R.Iran. Iran J Med Law 2017; 10(39): 77-85.  }, keywords_fa = {Women’s Empowerment, Strategies Aand Programs, Victimization, Individual and Social Abilities, Clinical View}, url = {http://ijmedicallaw.ir/article-1-828-en.html}, eprint = {http://ijmedicallaw.ir/article-1-828-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Afshari, Maryam}, title = {Investigating the Principle of Legal Security for families in Islamic Republic of Iran}, abstract ={Legal systems are not a set of fixed rules governing on relationships of individuals, these rules are dynamic and under continuous extension in a coherent framework. While being dynamic, these rules must induce consistency of legal relations by governing on relationships of individuals. In other words, people must know their own rights and they should be able to predict the results of their legal actions. Hence, the principle of Legal Security, as a dynamic principle that prevents legal system inaction, is proposed. This principle, as the driving force for extension and promotion of legal system, has an important role and it is one of the important goals of law. Obviously, the aim of law, besides achievement of justice is development of security. Legal Security may be described as a set of definitions, goals, solutions and tools based on which individuals, including families identify personal and social national and international rights, freedoms and duties, therefore they are able to proceed with their legal life with insight and understand their rights knowingly. Within the present article, the significance of the principle and its promising effects will be considered as factor influential in protecting the rights of Iranian families. Please cite this article as: Afshari M. Investigating the Principle of Legal Security for families in Islamic Republic of Iran. Iran J Med Law 2017; 10(39): 87-100.  }, Keywords = {Legal Security, Family, Stability, Certainty, Rule of Law}, volume = {10}, Number = {39}, pages = {87-100}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {Investigating the Principle of Legal Security for families in Islamic Republic of Iran}, abstract_fa ={Legal systems are not a set of fixed rules governing on relationships of individuals, these rules are dynamic and under continuous extension in a coherent framework. While being dynamic, these rules must induce consistency of legal relations by governing on relationships of individuals. In other words, people must know their own rights and they should be able to predict the results of their legal actions. Hence, the principle of Legal Security, as a dynamic principle that prevents legal system inaction, is proposed. This principle, as the driving force for extension and promotion of legal system, has an important role and it is one of the important goals of law. Obviously, the aim of law, besides achievement of justice is development of security. Legal Security may be described as a set of definitions, goals, solutions and tools based on which individuals, including families identify personal and social national and international rights, freedoms and duties, therefore they are able to proceed with their legal life with insight and understand their rights knowingly. Within the present article, the significance of the principle and its promising effects will be considered as factor influential in protecting the rights of Iranian families. Please cite this article as: Afshari M. Investigating the Principle of Legal Security for families in Islamic Republic of Iran. Iran J Med Law 2017; 10(39): 87-100.  }, keywords_fa = {Legal Security, Family, Stability, Certainty, Rule of Law}, url = {http://ijmedicallaw.ir/article-1-829-en.html}, eprint = {http://ijmedicallaw.ir/article-1-829-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Abbasi, Mahmou}, title = {Family Bioethics and its role in prevention of crimes and family management}, abstract ={Family is a precious, fundamental and sensitive community which extremely affects different aspects of human life. Undoubtedly, based on codes of ethics, family and its continuation have useful functions in the complex social system. To achieve a superior goal obtained by formation of a family and its continuance, it is crucially important to notice and deliberate on quantitative and qualitative indexes of family. Traits and qualities that are thought to originate from morality in family would bring about factual insight and generosity for personality, and would be considered as supreme purposes of prophets. The primary members of the immediate family include a man and a woman who have to take advantage of a sacred and internal link, i.e. love, beside the necessities those keep them together. One of the major objectives in Islam is to standardize behavior and treat sensual pains and thus to create a society endowed with legitimate codes of ethics. As a smallest social community, it is significantly important to abide by principles of morality. Given that, it would be appropriate to study and analyze the effectiveness and function of morality in management of personal and collective lives within family to particularly prevent crimes or reduce their negative and harmful effects. The research on this matter would be especially useful since family as a social institution is honored by different religions. This Article studies the role of morality within family in preventing crimes and violence. Please cite this article as: Abbasi M. Family Bioethics and its role in prevention of crimes and family management. Iran J Med Law 2017; 10(39): 101-121.  }, Keywords = {Morality, Family Management, Prevention of Crimes, Violence}, volume = {10}, Number = {39}, pages = {101-121}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {Family Bioethics and its role in prevention of crimes and family management}, abstract_fa ={Family is a precious, fundamental and sensitive community which extremely affects different aspects of human life. Undoubtedly, based on codes of ethics, family and its continuation have useful functions in the complex social system. To achieve a superior goal obtained by formation of a family and its continuance, it is crucially important to notice and deliberate on quantitative and qualitative indexes of family. Traits and qualities that are thought to originate from morality in family would bring about factual insight and generosity for personality, and would be considered as supreme purposes of prophets. The primary members of the immediate family include a man and a woman who have to take advantage of a sacred and internal link, i.e. love, beside the necessities those keep them together. One of the major objectives in Islam is to standardize behavior and treat sensual pains and thus to create a society endowed with legitimate codes of ethics. As a smallest social community, it is significantly important to abide by principles of morality. Given that, it would be appropriate to study and analyze the effectiveness and function of morality in management of personal and collective lives within family to particularly prevent crimes or reduce their negative and harmful effects. The research on this matter would be especially useful since family as a social institution is honored by different religions. This Article studies the role of morality within family in preventing crimes and violence. Please cite this article as: Abbasi M. Family Bioethics and its role in prevention of crimes and family management. Iran J Med Law 2017; 10(39): 101-121.  }, keywords_fa = {Morality, Family Management, Prevention of Crimes, Violence}, url = {http://ijmedicallaw.ir/article-1-830-en.html}, eprint = {http://ijmedicallaw.ir/article-1-830-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} } @article{ author = {Shamloo, Bagher}, title = {The Role of Family Situation of Delinquent Child and Juvenile in Crime Recidivism}, abstract ={Child and Juveniles' delinquency is a social phenomenon and an undeniable reality in every society. Considering the reasons and factors i.e. the etiology of this phenomenon shows that an undesirable family situation and disorders in family functions are the most important reasons for their tendency to commit crime and repeat it. In this article the family situations of two groups of patients of Tehran Centre for Correction and Rehabilitation within 1378 to 1390 are described quantitatively and statistically and analyzed by their personal and judicial profiles; a group with delinquency background and a group without such a background. The different specification in family situations and their related problems in each family group specify that although the majority of each group belongs to the unorganized and discrete families, but the individuals with delinquency backgrounds have these characteristics more frequently which makes it more difficult to give up delinquency. Please cite this article as: Shamloo B. The Role of Family Situation of Delinquent Child and Juvenile in Crime Recidivism. Iran J Med Law 2017; 10(39): 123-134}, Keywords = {Family, Child Delinquency, Recidivism, Juvenile Delinquency }, volume = {10}, Number = {39}, pages = {123-134}, publisher = {Dr. Mahmoud Abbasi}, title_fa = {The Role of Family Situation of Delinquent Child and Juvenile in Crime Recidivism}, abstract_fa ={Child and Juveniles' delinquency is a social phenomenon and an undeniable reality in every society. Considering the reasons and factors i.e. the etiology of this phenomenon shows that an undesirable family situation and disorders in family functions are the most important reasons for their tendency to commit crime and repeat it. In this article the family situations of two groups of patients of Tehran Centre for Correction and Rehabilitation within 1378 to 1390 are described quantitatively and statistically and analyzed by their personal and judicial profiles; a group with delinquency background and a group without such a background. The different specification in family situations and their related problems in each family group specify that although the majority of each group belongs to the unorganized and discrete families, but the individuals with delinquency backgrounds have these characteristics more frequently which makes it more difficult to give up delinquency. Please cite this article as: Shamloo B. The Role of Family Situation of Delinquent Child and Juvenile in Crime Recidivism. Iran J Med Law 2017; 10(39): 123-134.  }, keywords_fa = {Family, Child Delinquency, Recidivism, Juvenile Delinquency }, url = {http://ijmedicallaw.ir/article-1-831-en.html}, eprint = {http://ijmedicallaw.ir/article-1-831-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2016} }