Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 403-418 |
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Jorfi H, Ghanavati J, Arabiyan A. Responsibility of States for damage caused by the use of genetically modified food. MLJ 2021; 15 (56) :403-418
URL: http://ijmedicallaw.ir/article-1-1318-en.html
URL: http://ijmedicallaw.ir/article-1-1318-en.html
1- Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran
2- Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran
Abstract:
Background and Aim: In recent years, with the help of genetic engineering and modification of the genetic structure of many plants and animals, a wide variety of transgenic foods have been produced and consumed worldwide. One of the main questions raised in connection with these products, in the present study, considering the issue of "health and usefulness" of these foods, is the main purpose of examining the responsibility of governments in relation to transgenic products.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: According to the international practice embodied in the reports of the Committee on Economic and Social Rights, the right to access healthy and wholesome food is one example of the right to health. The right to health is also considered as one of the examples of the right to life. On the other hand, the right to life is a general title in the international human rights system, which is a subset of fundamental human rights.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: States obligation in related to transgenic products appear to be "Peremptory rules" because of their close relationship with the "right to health" and the "right to life." As a result, in the area of international responsibility law, it is possible to consider a pattern of aggravated responsibility (or Responsibility for breach of peremptory rules).
Cite this article as: Ghanavati J, Jorfi H, Arabiyan A. Responsibility of States for damage caused by the use of genetically modified food. Medical Law Journal 2021; 15(56): e24.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: According to the international practice embodied in the reports of the Committee on Economic and Social Rights, the right to access healthy and wholesome food is one example of the right to health. The right to health is also considered as one of the examples of the right to life. On the other hand, the right to life is a general title in the international human rights system, which is a subset of fundamental human rights.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: States obligation in related to transgenic products appear to be "Peremptory rules" because of their close relationship with the "right to health" and the "right to life." As a result, in the area of international responsibility law, it is possible to consider a pattern of aggravated responsibility (or Responsibility for breach of peremptory rules).
Cite this article as: Ghanavati J, Jorfi H, Arabiyan A. Responsibility of States for damage caused by the use of genetically modified food. Medical Law Journal 2021; 15(56): e24.
Keywords: Genetically Modified Products, The Right to Health, The Right to Access Healthy, Wholesome Food, Peremptory Rules
Type of Study: Original Article |
Received: 2020/12/21 | Accepted: 2021/05/24
Received: 2020/12/21 | Accepted: 2021/05/24
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