Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
Le Clonage un novelle question en face de L\'éthique et le droit de L\'Homme
11
46
FA
Mahmoud
Abbasi
dr.abbasi@sbmu.ac.ir
Y
On entend par le terme «clonage humain» deux types de pratiques: le clonage reproductif et le clonage non – reproductif. Le premier, dont la fin est la reproduction, consiste a transférer le noyau d’une cellule dans un ovocyte énuclée afin d’obtenir un embryon humain génétiquement identique au donneur. Ici, l’embryon cultive in vitro est transplante dans un utérus a des fins de gestation. Le clonage reproductif relève donc du champ de la reproduction asexuée, qui diffère fondamentalement de la reproduction humaine naturelle. Le second repose lui aussi sur la technologie du transfert de noyau cellulaire, mais son but, d’ordre thérapeutique, est de reproduire un tissu ou un organe. La distinction essentielle entre ces deux types de clonage repose donc sur la finalité Poursuivante. Ces deux types de clonage, en particulier le clonage reproductif, ont une signification révolutionnaire car sans précédent en termes de progrès des sciences de la vie. Personne n’ose plus assimiler cette histoire a celle d’un conte comme «Les mille et une nuits». Bien au contraire, clone verra le jour dans de brefs délais et sa naissance sera bientôt une réalité. Jusqu’a présent, tant la communauté internationale que les gouvernements nationaux s’opposent unanimement au clonage reproductif. Face a la proposition faite conjointement par la France et l’Allemagne, l’ONU a déjà adopte une résolution concernant la rédaction d’une convention internationale portant interdiction du clonage reproductif. La Déclaration universelle sur le Génome Humain et les Droits de l’homme de l’UNESCO, adoptée en novembre 1997, a prévu sans équivoque l’interdiction des pratiques portant atteinte à la dignité humaine, comme le clonage reproductif.
http://ijmedicallaw.ir/article-1-69-en.html
http://ijmedicallaw.ir/article-1-69-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
State Human Cloning Laws
47
60
FA
Majid
Berahman
medlaw2008@yahoo.com
Y
Human Cloning phenomenon that is accounted as one of the challenges of the present century is concentrated by legal community of most of the countries. One of the prior countries that reacted against this new phenomenon and took actions in legalization is America. Considering this country’s legal system, in the present article it is tried to explain legal condition of human Cloning in the States of America. Considering the Objectives of human cloning, this phenomenon is divided to research and cloning for human reproduction which study of rules of the United States will determine legal status of the both cloning.
Human Cloning, Research Cloning, Reproductive Cloning, the United States of America law
http://ijmedicallaw.ir/article-1-68-en.html
http://ijmedicallaw.ir/article-1-68-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
Therapeutic Cloning and Reproductive Liberty
61
90
FA
Robert
Sparro
moeinifar@isuw.ac.ir
Y
Mohadeseh
Moini Far
moeinifar@isuw.ac.ir
N
Concern for “reproductive liberty” suggests that decisions about embryos should normally be made by the persons who would be the genetic parents of the child that would be brought into existence if the embryo were brought to term. Therapeutic cloning would involve creating and destroying an embryo, which, if brought to term, would be the offspring of the genetic parents of the person undergoing therapy. I argue that central arguments in debates about parenthood and genetics therefore suggest that therapeutic cloning would be prima facie unethical unless it occurred with the consent of the parents of the person being cloned. Alternatively, if therapeutic cloning is thought to be legitimate, this undermines the case for some uses of reproductive cloning by implying that the genetic relation it establishes between clones and DNA donors does not carry the same moral weight as it does in cases of normal reproduction.
genetic relatedness, parenthood, reproductive liberty, Stem cells, therapeutic cloning
http://ijmedicallaw.ir/article-1-67-en.html
http://ijmedicallaw.ir/article-1-67-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
Self-Defense and Embryonic Stem Cell Research
91
104
FA
Fatemeh
Taherkhani
fatemeh_law@yhoo.com
Y
Embryonic stem cell research is considered one of wonderful developments in medical arena and scientific achievements contributing to the treatment of many diseases. Due to its important legal consequences, its analysis of vital importance. One of the theories proposed to justify the research is Medical Self-Defense. This theory purports that when a disease attacks a person and there is no escape from its risk, similar to the traditional self-defense in criminal law, one can obviate the source of threat and claim the right to live. Therefore, any research to promote methods to counter any immedicable disease becomes legitimate. Considering the fact that in embryonic stem cell research embryo is destroyed as third-party while in traditional self-defense one cannot destroy (or kill) a person who is not the source of threat. As a result, fundamentals of this theory are disputable. Furthermore, this theory opposes the dignity of embryo.
Research, Embryonic stem cell research, Disease, Treatment, Self-defense
http://ijmedicallaw.ir/article-1-66-en.html
http://ijmedicallaw.ir/article-1-66-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
The legal status of artificial reproductive
105
127
FA
Leila
Allahgholi
lallahqoli@gmail.com
N
Azam
Rahmani
azamrahmani7@gmail.com
Y
Artificial fertility conditions and its effects is an important issue in developed countries reviewed the law and rules concerning the situation has been. In France, two in 1994 in the field of law "with the help of artificial reproduction," passed the civil law and public health law reform in France and has been completed. In the law how to donate embryos to infertile couples to pass on 29/4/82 Parliament reached that the development in this area and create somewhat issues in this regard has responded. Is noteworthy that the regulation in comparison with the laws of France and other developed countries and very incomplete and many issues to be discussed is silent. At the same time these laws and regulations has not scale event artificial reproductive rights and to explain the ambiguity is added. Is worthy of using the new Jurists and the comparative law, law reform and the completion and solve problems in this way there will be action. In this paper, the legal status of artificial fertilization in the three speech examines be. First speech: This speech and the need for artificial fertilization causes its auxiliary reproduction techniques, and general concepts and definitions related to artificial insemination, are paid. Second Speech: The Second Speech artificial insemination legal status, legal status of children born from artificial insemination, artificial insemination juridical point of view has been examined. The third and final speech: to analyze the results of artificial insemination is legal and jurisprudence.
law legal, jurisprudence laws, artificial fertilization
http://ijmedicallaw.ir/article-1-65-en.html
http://ijmedicallaw.ir/article-1-65-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
Reproductive rights in Iran health system: Challenges and outcomes
129
143
FA
Sevil
Hakimi
hakimisevil@gmail.com
Y
Sekineh
Mohammad Ali Zadeh
N
national and international legal and human rights documents. These include the basic right of all couples and individuals to decide freely the number and spacing of their children and the right to make decision concerning reproduction, free of violence, coercion and discrimination. The aim of this study is assessment some of reproductive indicators and their strength and weakness. Maternal mortality: There is a rapid decline in maternal mortality rate (from 234 to 23.84) since 1976 till 2009 in Iran. Although Iran health system achieves a great successful but there is a distance with 18 maternal death /100000 live birth that is target of Ministry of Health. Maternal mortality ratio is one of the indicators that rapidly increase in order to reduction of maternal mortality ratio monitoring programmers need to be constantly sustained. Family planning: Although the coverage of modern family planning methods is wide in Iran (56%), but the prevalence of unwanted pregnancies is high in Iran society. Data analysis in 2000 showed that 35% pregnancies in married women were unwanted. Two third of women who had unplanned pregnancy, pregnant during use of contraception methods. This suggest that consulting of health centers was ineligible. Safe abortion: There is no exact data about induced abortion in Iran. Some of statistical information indicates to 80000 abortions annually. According by World Health Organization (WHO), 1000 induced abortion every day is conducted in our country. In several countries
http://ijmedicallaw.ir/article-1-64-en.html
http://ijmedicallaw.ir/article-1-64-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
An overview of the types of crimes by Schizophrenic patients
145
162
FA
Fariborz
Gholami
fy_1380@yahoo.com
Y
One of the mental disorders that may come side by side of the creation of man is known Schizophrenia by continued and sustained effort and research of scientist about certain part of Psychiatric patients. The Schizophrenia mental disorder is one of the most important mental disorders that should be considered by many reasons and in many different dimensions , in the criminal law in various sector this disorder has been associated with the aura or ambiguity. Whether suffering from Schizophrenia mental disorder causing crime? If so the types of Schizophrenic disorders have a same affection on committing offences against the person and offences against the property? Or whether the overall committed crime by these patients can be justified with respect to their mental disorders? Nowadays the questions and many other subjects that related to this mental disorder have almost clear answer with case studies and extensive researches. However, in connection with this mental disorder and crime are still many unknowns, without any clear and reasonable answer.
mental disorder, Schizophrenia, offences against the property, offences against the person
http://ijmedicallaw.ir/article-1-63-en.html
http://ijmedicallaw.ir/article-1-63-en.pdf
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2
7
2008
12
1
Animal Cloning and its Consequences in European :union:’s Legal Framework
163
189
FA
Shima
Behnammanesh
avishan_sh1363@yahoo.com
Y
Reza
Amani Samani
N
In 1997, there was a report in Nature that announced the birth of Dolly the first cloned mammal in the world using nuclear transfer. After it, a lot of ethical and religious reactions were claimed against human cloning while no absolute opposition was presented against animal cloning. European :union: (EUROPA) as one of the most important and effective international organizations, has been playing a major role in defining animal cloning and its procedure and effects on animals. In this paper we tried to perform a comprehensive review of literature on Europe's opinions and legal notes about animal cloning.
Animal cloning, European :union:, animal welfare
http://ijmedicallaw.ir/article-1-62-en.html
http://ijmedicallaw.ir/article-1-62-en.pdf