Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 454-473 |
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Khaghani Esfahani M. Critics on the Co-Emergence of Medical Authoritarianism and Criminal Securityism in Health Policy-Making. MLJ 2023; 17 (58) :454-473
URL: http://ijmedicallaw.ir/article-1-1605-en.html
URL: http://ijmedicallaw.ir/article-1-1605-en.html
The Institute for Research and Development in the Humanities (SAMT), Tehran, Iran
Abstract:
Background and Aim: Explaining the way of applying the concept of authority and determining its relationship with fundamental rights and freedoms enables the analysis of authority in additional meanings (additional authorities; such as legal authority, medical authority, public policy authority, etc.) and exposes authoritarianism. Violations of human rights occur in areas such as health policy. Just as medical authoritarianism pursues the interaction only for the purpose of dishonestly persuading the patient, legal authoritarianism, through legal provisions and by recognizing the coercive authority of the government with the justification of criminal justice, sometimes unfairly supports the limitation of freedom are placed with public health justifications and treatment as a punishment is a reciprocal manifestation of medical justifications for penal authoritarianism. The convergence of authoritarianism in the criminal and medical realms aggravates the subsequent crises of these two. The analysis of the mutual abuse of criminal securitism and medical authoritarianism from each other, explains that the foundations of social control of crime, which is influenced by the dominant political ideologies, have a significant impact on the strategy of public health policy and providing legal support for health policies and determining the scope of individual freedoms and the territory of government interventions. Medical authoritarianism seeks to provide the support of criminal legal authoritarianism for itself; a phenomenon that causes the expansion of the domain of criminal law and the legalization of the government and the indiscriminate use of coercive means with the claim of social health control.
Methods: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The lack of "health annex" on the bills related to the rehabilitation of criminals, the concern about the relationship between the two systems of health policy and criminal policy in terms of the interference of processes, the historical descent of authoritarianism in criminal law governance, the extended interpretation of some policy-making institutions of the "emergency situation" that It formulates the suspension of human rights norms with medical-criminal justifications, all seems to be the inappropriate intersection factors of the two currents of "medical authoritarianism" and "criminal securityism".
Conclusion: It is necessary to enact comprehensive professional and disciplinary regulations as well as regulatory guidelines in order to prevent medical violations; Especially the violations that occur in the interaction of medical institutions with criminal judicial authorities, which puts prisoners, convicts, and victims under the shadow of medical malpractices based on criminal infractions.
Please cite this article as:
Khaghani Esfahani M. Critics on the Co-Emergence of Medical Authoritarianism and Criminal Securityism in Health Policy-Making. Medical Law Journal. 2023; 17(58): e32.
Methods: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The lack of "health annex" on the bills related to the rehabilitation of criminals, the concern about the relationship between the two systems of health policy and criminal policy in terms of the interference of processes, the historical descent of authoritarianism in criminal law governance, the extended interpretation of some policy-making institutions of the "emergency situation" that It formulates the suspension of human rights norms with medical-criminal justifications, all seems to be the inappropriate intersection factors of the two currents of "medical authoritarianism" and "criminal securityism".
Conclusion: It is necessary to enact comprehensive professional and disciplinary regulations as well as regulatory guidelines in order to prevent medical violations; Especially the violations that occur in the interaction of medical institutions with criminal judicial authorities, which puts prisoners, convicts, and victims under the shadow of medical malpractices based on criminal infractions.
Please cite this article as:
Khaghani Esfahani M. Critics on the Co-Emergence of Medical Authoritarianism and Criminal Securityism in Health Policy-Making. Medical Law Journal. 2023; 17(58): e32.
Keywords: Totalitarian Criminal Policy, Medical Authoritarianism, Legal Control of Body, Punishment and Treatment
Type of Study: Original Article |
Received: 2023/02/15 | Accepted: 2023/07/11
Received: 2023/02/15 | Accepted: 2023/07/11
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