Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 988-1007 |
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Rostami T, Yaghouti E, Emam S M R. The Basic Principles of Patients' Rights from the Perspective of Imami Jurisprudence in the Light of the International Human Rights System. MLJ 2022; 16 (57) :988-1007
URL: http://ijmedicallaw.ir/article-1-1480-en.html
URL: http://ijmedicallaw.ir/article-1-1480-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Patients' rights are one of the topics that have long been considered by authors in domestic law and international human rights systems. The purpose of this research is to examine and analyze the basic principles of patients' rights from the perspective of the Holy Quran and the traditions of the Imams of Athar and the international human rights system.
Method: 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.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present study show that the basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable in determining the cases of patients' rights. But in the realm of international law, the fundamental principles of patients' rights do not merely have an auxiliary function of recognizing and interpreting rules.
Conclusion: The basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable and factor in determining the rulings, the effects of the rulings and in general determining the instances of patients' rights. These principles do not directly and explicitly provide specific provisions regarding patients' rights. But this is not the case in international law. The basic principles of patients' rights are in some cases closely related to the peremptory norms. Simply put, some of the fundamental principles of patients' rights in the international human rights system are the peremptory norms. Peremptory norms in the international human rights environment have important implications, including "non-Derogability". non-Derogability means that these principles cannot be suspended or violated under any circumstances.
Please cite this article as:
Rostami T, Yaghouti E, Emam SMR. The Basic Principles of Patients' Rights from the Perspective of Imami Jurisprudence in the Light of the International Human Rights System. Medical Law Journal. 2022; 16(57): e68.
Method: 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.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present study show that the basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable in determining the cases of patients' rights. But in the realm of international law, the fundamental principles of patients' rights do not merely have an auxiliary function of recognizing and interpreting rules.
Conclusion: The basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable and factor in determining the rulings, the effects of the rulings and in general determining the instances of patients' rights. These principles do not directly and explicitly provide specific provisions regarding patients' rights. But this is not the case in international law. The basic principles of patients' rights are in some cases closely related to the peremptory norms. Simply put, some of the fundamental principles of patients' rights in the international human rights system are the peremptory norms. Peremptory norms in the international human rights environment have important implications, including "non-Derogability". non-Derogability means that these principles cannot be suspended or violated under any circumstances.
Please cite this article as:
Rostami T, Yaghouti E, Emam SMR. The Basic Principles of Patients' Rights from the Perspective of Imami Jurisprudence in the Light of the International Human Rights System. Medical Law Journal. 2022; 16(57): e68.
Type of Study: Original Article |
Received: 2021/10/23 | Accepted: 2022/01/1
Received: 2021/10/23 | Accepted: 2022/01/1
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