Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 290-311 |
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Sadeghi E, Ostvar Sangari K, Shojaeeian K, Farrokhi Z. Assessment of the Principles, Requirements and Status of Civil Liability of the Ministry of Health, Treatment and Medical Education for the Establishment and Non-Establishment of Regulations in Health and Treatment Matters. MLJ 2025; 19 (60) :290-311
URL: http://ijmedicallaw.ir/article-1-1908-en.html
URL: http://ijmedicallaw.ir/article-1-1908-en.html
1- Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
Abstract:
Background and Aim: The Ministry of Health, Treatment and Medical Education, by virtue of the powers and authorities delegated to them by the legislator, has the right to establish laws and regulations within the framework of these powers and authorities. However, this establishment of laws and regulations may cause damage to the rights of individuals, including natural or legal persons. It is in this context that the civil liability of the Ministry of Health, Treatment and Medical Education arising from the establishment of regulations is raised. The objectives of the present study are, first, to identify the principles of the responsibility of the Ministry of Health, Treatment and Medical Education for the establishment of regulations in health and treatment matters and second, to explain the requirements and status of the civil liability of the Ministry of Health, Treatment and Medical Education for the establishment and non-establishment of regulations in health and treatment matters.
Method: The research method in this article is descriptive-analytical and in this regard, reliable library sources, including laws in the field of civil liability of the Ministry of Health, Treatment and Medical Education and second-hand sources are used.
Ethical Considerations: This research was written based on the principles of scientific trustworthiness, non-discrimination and scientific impartiality and on the basis of originality.
Results: According to Article 11 of the Civil Liability Law of 1339 and Article 8 of the Civil Service Management Law of 1386, in two cases of establishing regulations and laws that are carried out in the course of carrying out governance affairs but are not necessary and essential to ensure social benefits and also in the field of establishing laws and regulations in the matters of tenure of the Ministry of Health, Treatment and Medical Education, if any damage is caused to the rights of individuals, both natural and legal, the civil liability of the Ministry of Health, Treatment and Medical Education should be assumed.
Conclusion: However, it seems that the Iranian administrative and judicial practice does not have an approach in line with this view. Therefore, although, considering the developments in the civil liability of the Ministry of Health, Medical Treatment and Education, the principle of the civil liability of the Ministry of Health, Medical Treatment and Education is due to the regulation, this principle has not been fully accepted in the Iranian legal system and only the civil liability of the Ministry of Health, Medical Treatment and Education is foreseen due to the establishment of laws contrary to Sharia and regulations contrary to Sharia standards and to some extent contrary to the law and outside the powers of the issuing authority.
Please cite this article as:
Sadeghi E, Ostvar Sangari K, Shojaeeian KH, Farrokhi Z. Assessment of the Principles, Requirements and Status of Civil Liability of the Ministry of Health, Treatment and Medical Education for the Establishment and Non-Establishment of Regulations in Health and Treatment Matters. Medical Law Journal. 2025; 19: e20.
Method: The research method in this article is descriptive-analytical and in this regard, reliable library sources, including laws in the field of civil liability of the Ministry of Health, Treatment and Medical Education and second-hand sources are used.
Ethical Considerations: This research was written based on the principles of scientific trustworthiness, non-discrimination and scientific impartiality and on the basis of originality.
Results: According to Article 11 of the Civil Liability Law of 1339 and Article 8 of the Civil Service Management Law of 1386, in two cases of establishing regulations and laws that are carried out in the course of carrying out governance affairs but are not necessary and essential to ensure social benefits and also in the field of establishing laws and regulations in the matters of tenure of the Ministry of Health, Treatment and Medical Education, if any damage is caused to the rights of individuals, both natural and legal, the civil liability of the Ministry of Health, Treatment and Medical Education should be assumed.
Conclusion: However, it seems that the Iranian administrative and judicial practice does not have an approach in line with this view. Therefore, although, considering the developments in the civil liability of the Ministry of Health, Medical Treatment and Education, the principle of the civil liability of the Ministry of Health, Medical Treatment and Education is due to the regulation, this principle has not been fully accepted in the Iranian legal system and only the civil liability of the Ministry of Health, Medical Treatment and Education is foreseen due to the establishment of laws contrary to Sharia and regulations contrary to Sharia standards and to some extent contrary to the law and outside the powers of the issuing authority.
Please cite this article as:
Sadeghi E, Ostvar Sangari K, Shojaeeian KH, Farrokhi Z. Assessment of the Principles, Requirements and Status of Civil Liability of the Ministry of Health, Treatment and Medical Education for the Establishment and Non-Establishment of Regulations in Health and Treatment Matters. Medical Law Journal. 2025; 19: e20.
Keywords: Civil Liability, Ministry of Health, Medical Treatment and Education, Regulation, Administrative Court of Justice, Sovereignty, Immunity
Type of Study: Original Article |
Received: 2024/09/24 | Accepted: 2025/02/25
Received: 2024/09/24 | Accepted: 2025/02/25
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