Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 450-465 |
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Bakhtiari F, Bakhtiari Z, Hosseini M. Analysis and Evaluation of Iranian Law in Protecting Consumer Rights against the Manufacturer and Distributor of Non-Standard Medical Equipment. MLJ 2022; 16 (57) :450-465
URL: http://ijmedicallaw.ir/article-1-1271-en.html
URL: http://ijmedicallaw.ir/article-1-1271-en.html
1- Department of Law, Faculty of Law, Mofid University, Qom, Iran
2- Department of Law, Faculty of Humanities, University of Science and Culture, Tehran, Iran
2- Department of Law, Faculty of Humanities, University of Science and Culture, Tehran, Iran
Abstract:
Background and Aim: Due to the complexity of the production and distribution of medical equipment, the consumers are often unaware of the composition of these items and how to use them, which increases the possibility of harm to them. Lack of knowledge or lack of information of consumers and their trust in medical products may infringe their rights by the producers and distributors. This fact reveals the need for the present study. This study examines the current laws and regulations on how the Iranian legal system approaches the protection of consumers of non-standard medical equipment.
Method: This Research is of theoretical type, and the research method is descriptive-analytical and conducted using library resources such as documents, books and articles.
Ethical Considerations: To Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: By studying the international provisions on the fundamental rights of the consumer, the study results show that there are shortcomings in the law on the Protection of Consumer Rights (2009) that the negative consequences of such a thing directly affect the consumer. In addition, due to the need for transparency and explicitness of the law and taking this point into account when drafting the law, we should say that such a thing is not observed in Article 526 of the Islamic Penal Code (2013) on determining the guarantor and the same lack of explicitness in the Consumer Protection Law. It is clear. Also, the Eatable and Drinkable Material, Pharmaceuticals and Cosmetics Products Law (1968) has spoken only about guaranteeing the implementation of the import and illegal manufacture of drugs and has remained silent about medical requirements.
Conclusion: By making amendments to the above laws as well as the Anti-Smuggling of Goods and Currency Act (2013) (such as the legal obligation of detectives to undergo the required training courses as well as the criminalization of the purchase of smuggled medical goods) Consideration of the principles of the Constitution and Consideration of comparative law, including the United Nations Consumer Rights Guidelines and the EU general product safety Regulations, has taken steps to protect the rights of consumers and patients.
Please cite this article as:
Bakhtiari F, Bakhtiari Z, Hosseini M.Analysis and Evaluation of Iranian Law in Protecting Consumer Rights against the Manufacturer and Distributor of Non-Standard Medical Equipment. Medical Law Journal. 2022; 16(57): e30.
Method: This Research is of theoretical type, and the research method is descriptive-analytical and conducted using library resources such as documents, books and articles.
Ethical Considerations: To Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: By studying the international provisions on the fundamental rights of the consumer, the study results show that there are shortcomings in the law on the Protection of Consumer Rights (2009) that the negative consequences of such a thing directly affect the consumer. In addition, due to the need for transparency and explicitness of the law and taking this point into account when drafting the law, we should say that such a thing is not observed in Article 526 of the Islamic Penal Code (2013) on determining the guarantor and the same lack of explicitness in the Consumer Protection Law. It is clear. Also, the Eatable and Drinkable Material, Pharmaceuticals and Cosmetics Products Law (1968) has spoken only about guaranteeing the implementation of the import and illegal manufacture of drugs and has remained silent about medical requirements.
Conclusion: By making amendments to the above laws as well as the Anti-Smuggling of Goods and Currency Act (2013) (such as the legal obligation of detectives to undergo the required training courses as well as the criminalization of the purchase of smuggled medical goods) Consideration of the principles of the Constitution and Consideration of comparative law, including the United Nations Consumer Rights Guidelines and the EU general product safety Regulations, has taken steps to protect the rights of consumers and patients.
Please cite this article as:
Bakhtiari F, Bakhtiari Z, Hosseini M.Analysis and Evaluation of Iranian Law in Protecting Consumer Rights against the Manufacturer and Distributor of Non-Standard Medical Equipment. Medical Law Journal. 2022; 16(57): e30.
Type of Study: Original Article |
Received: 2021/03/28 | Accepted: 2021/11/30
Received: 2021/03/28 | Accepted: 2021/11/30
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