Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 672-691 |
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Amerian S, Salarzaee A H, Heidari Z. Analyzing the Liability "with a Criminal Approach" of Pregnant Women's Addiction in the Consequences of Fetal Developmental Defects. MLJ 2024; 18 (59) :672-691
URL: http://ijmedicallaw.ir/article-1-1812-en.html
URL: http://ijmedicallaw.ir/article-1-1812-en.html
1- Department of Jurisprudence, Faculty of Theology and Islamic Studies, University of Sistan and Bluchestan, Zahedan, Iran.
2- Department of Anatomical Sciences, Department of Histology and Embryology, University of Medical Sciences Zahedan, Iran
2- Department of Anatomical Sciences, Department of Histology and Embryology, University of Medical Sciences Zahedan, Iran
Abstract:
Background and Aim: In the legal perspective, addiction is viewed as a criminological perspective, which includes responsibility and punishment. On the other hand, addiction is considered as a disease in the medical perspective, the way to deal with it is emphasized in treatment and containment. However, the use of drugs during pregnancy is a gap that the legislator has remained silent about, while addiction puts not only the pregnant mother, but also the developing fetus at risk and can have devastating and long-term effects have time for the fetus. The purpose of the discussion is to assess the responsibility of the real mother and the contract mother towards the use of drugs during pregnancy, relying on the data of medical science based on the consequences of the developmental defects of the fetus.
Method: The present research evaluates the responsibility (with a criminal approach) of drug-addicted pregnant women with a descriptive-analytical method and using library studies.
Ethical Considerations: This research has been carried out in compliance with ethical and trustworthy principles.
Results: The first sentence of drug addiction of pregnant women is presented under the title of quasi-crime, which is filed by the legal guardian and the prosecutor as the public prosecutor. The secondary judgment of addiction of pregnant women with the opinion of necessity, under examples such as population control policy, expedient application, criterion measurement of the principle of harm and moralistic approach, appears in the majority of crimes.
Conclusion: Drug use during pregnancy can cause definite or potential harm to the fetus.
Please cite this article as:
Amerian SH, Salarzaee AH, Heidari Z. Analyzing the Liability "with a Criminal Approach" of Pregnant Women's Addiction in the Consequences of Fetal Developmental Defects. Medical Law Journal. 2024; 18: e46.
Method: The present research evaluates the responsibility (with a criminal approach) of drug-addicted pregnant women with a descriptive-analytical method and using library studies.
Ethical Considerations: This research has been carried out in compliance with ethical and trustworthy principles.
Results: The first sentence of drug addiction of pregnant women is presented under the title of quasi-crime, which is filed by the legal guardian and the prosecutor as the public prosecutor. The secondary judgment of addiction of pregnant women with the opinion of necessity, under examples such as population control policy, expedient application, criterion measurement of the principle of harm and moralistic approach, appears in the majority of crimes.
Conclusion: Drug use during pregnancy can cause definite or potential harm to the fetus.
Please cite this article as:
Amerian SH, Salarzaee AH, Heidari Z. Analyzing the Liability "with a Criminal Approach" of Pregnant Women's Addiction in the Consequences of Fetal Developmental Defects. Medical Law Journal. 2024; 18: e46.
Type of Study: Original Article |
Received: 2024/04/8 | Accepted: 2024/07/25
Received: 2024/04/8 | Accepted: 2024/07/25
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