Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 415-430 |
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Tamizkar S, Abbasi A, Mohaghegh M S. Guarantee of criminal execution of the prohibition of generation in Iranian law (Supervising Article 23 of the Family Protection Law 2012). MLJ 2022; 16 (57) :415-430
URL: http://ijmedicallaw.ir/article-1-1315-en.html
URL: http://ijmedicallaw.ir/article-1-1315-en.html
1- Department of Family Law, Imam Sadegh University (AS), Sisters Campus, Tehran, Iran
Abstract:
Background and Aim: For the first time in the commentary of Article 23 of the Family Protection Law approved in 2012, the issue of "prohibition of generation" for couples who have infectious and dangerous diseases and transmission of the disease threatens the health of the fetus; It has been considered by the legislator. The importance of paying attention to this issue is that the birth of a sick fetus will incur enormous medical, economic, cultural, educational and social costs for the society and in addition, it affects the right of the fetus to health and the fate of the future child.
Method: The method of the qualitative article is descriptive-analytical and the method of data collection is library and by taking notes.
Ethical Considerations: In the process of advancing research, trustworthiness and research ethics have been considered by the authors.
Results: It should be noted that legislative action is an effective step to improve the quality of fetal and community health, but the legislator's lack of attention to the guarantee of comprehensive and complete implementation, practically neutralizes its useful and positive consequences and is one of the legal challenges of birth control, although in ensuring the rights and integrity of the family, the priority is to establish moral and transcendent values, education and culture and criminal intervention should be the minimum and last resort, but in this particular case, it seems that by considering the guarantee of criminal execution, the health of the fetus and Protected and protected the public interest.
Conclusion: The findings emphasize that there is a possibility of criminalization of the prohibition of generation, in the above case, and accordingly can guarantee the implementation of criminal law to amend the law.
Please cite this article as:
Tamizkar S, Abbasi A, Mohaghegh MS.Criminal Sanction of the Prohibition of Generation in Iranian Law (Supervising Article 23 of the Family Protection Law 2012). Medical Law Journal. 2022; 16(57): e28.
Method: The method of the qualitative article is descriptive-analytical and the method of data collection is library and by taking notes.
Ethical Considerations: In the process of advancing research, trustworthiness and research ethics have been considered by the authors.
Results: It should be noted that legislative action is an effective step to improve the quality of fetal and community health, but the legislator's lack of attention to the guarantee of comprehensive and complete implementation, practically neutralizes its useful and positive consequences and is one of the legal challenges of birth control, although in ensuring the rights and integrity of the family, the priority is to establish moral and transcendent values, education and culture and criminal intervention should be the minimum and last resort, but in this particular case, it seems that by considering the guarantee of criminal execution, the health of the fetus and Protected and protected the public interest.
Conclusion: The findings emphasize that there is a possibility of criminalization of the prohibition of generation, in the above case, and accordingly can guarantee the implementation of criminal law to amend the law.
Please cite this article as:
Tamizkar S, Abbasi A, Mohaghegh MS.Criminal Sanction of the Prohibition of Generation in Iranian Law (Supervising Article 23 of the Family Protection Law 2012). Medical Law Journal. 2022; 16(57): e28.
Keywords: Prohibition of Generation, Infectious and Dangerous Diseases, Right to Fetal Health, Public Interest
Type of Study: Original Article |
Received: 2021/03/8 | Accepted: 2021/05/23
Received: 2021/03/8 | Accepted: 2021/05/23
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