دکتر محمود عباسی

In designating Iran’s national authorities for international treaties, the Islamic Consultative Assembly (Parliament) may face not only limitations arising from compliance with the Constitution and Sharia but also practical challenges. This study, using a descriptive-analytical approach, examined examples of challenges in the Parliament’s designation of national authorities and identified the main sources of such challenges as follows: First, the overlap of treaty-related responsibilities of the national authority with duties assigned to two or more domestic bodies. This becomes particularly challenging when the bodies involved in the treaty belong to different branches of government or are independent entities outside the formal branches. Second, the designation of a national authority for a treaty protocol when the national authority for the main treaty has already been determined by the government. If the national authorities for the treaty and its protocol are designated by two different bodies (e.g., the government and the Parliament), necessary coordination between them may not be ensured. Third, the restriction on benefiting from the advantages of joining an international treaty, since the Parliament’s designation of the national authority prevents the government from changing that authority. Modifying it through the Parliament is usually a lengthy process and may not succeed for non-legal reasons, such as political disputes.

Neurocriminology is an emerging interdisciplinary field that integrates neuroscience, psychology and criminology to explore the biological and neural underpinnings of criminal behavior. This article provides an overview of the fundamental concepts, theoretical frameworks and practical implications of neurocriminology, addressing its nature, significance and key challenges.  The study first examines the essence and rationale of neurocriminology, explaining why this field has gained prominence in understanding criminal behavior beyond traditional sociological and psychological approaches. It then outlines the defining characteristics of neurocriminology, emphasizing its reliance on neuroscientific methods such as brain imaging, genetic studies and neuropsychological assessments.  Next, the article presents a precise definition of neurocriminology, distinguishing it from related disciplines while highlighting its unique contributions to criminological research. The discussion then shifts to the importance of neurocriminology, particularly in enhancing crime prevention strategies, refining legal and rehabilitative interventions and informing ethical debates on free will and responsibility. Finally, the article explores key issues and challenges in neurocriminology, including ethical concerns, methodological limitations and the potential misuse of neuroscientific findings in criminal justice. By synthesizing current research, this paper aims to provide a foundational understanding of neurocriminology while encouraging further scholarly and practical engagement with this evolving field.

The present study is of a theoretical type using a descriptive-analytical method. The method of collecting information is library-based, referring to documents in books and articles.

 Throughout all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts.

The study's central conclusion demonstrates that neurocriminology provides a more profound comprehension of the biological underpinnings of criminality through its synthesis of neuroscience and conventional criminology. Nevertheless, the practical implementation of this discipline necessitates rigorous ethical and legal deliberations concerning criminal liability and the parameters of prevention and intervention initiatives.

Neurocriminology, as an emerging interdisciplinary approach, offers significant potential to transform our understanding, prevention and response to criminal behavior. By focusing on neural and biological mechanisms, it opens new horizons for criminological research. However, the application of this knowledge must be undertaken cautiously within legal and ethical frameworks, as overreliance on biological explanations risks neglecting crucial social, psychological and cultural factors, while potentially undermining fundamental concepts of individual responsibility. Consequently, the advancement of this field demands a comprehensive, critical approach that maintains equilibrium between scientific progress and core principles of criminal justice.

The attractiveness, public acceptability and expansion of virtual space in different dimensions among the general strata of society on the one hand and the diverse functions of the cyberspace platform on the other hand have caused the growth of drug crimes in this platform and it has gone from the traditional mode of only being in the real space. The purpose of this research is the role of media and cyberspace in the prevention of drug crimes in its various dimensions in the society.

The current research is of a descriptive-analytical type, which is practical in terms of purpose and was written with a library document method.

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The present research shows that virtual space, while providing an environment for informing and making people responsible, paves the way for social participation and many other opportunities and therefore can play a significant role in prevent drug crimes.

The results of the research show that the media and virtual space have many capabilities to apply social and situational preventive measures to deal with drug crimes. In this regard; institutionalizing the culture of correct use of cyberspace, victimization, awareness and responsibility are considered the most important capabilities of media and virtual space in the social prevention of drug crimes and the management of cyberspace is the prevention of gravity. Removing, increasing the risks considered for committing crimes, eliminating the opportunities to commit crimes, developing official supervision, disrupting illegal markets and suppressing or deteriorating or preventing or destroying benefits/profits are also among its most important capabilities in There are measures to prevent these crimes.

Considering the essential role of national authorities in the implementation of treaties, it is important to study the process of determining them. In this article, in order to identify the weaknesses and strengths of the Iranian executive branch's procedure in determining national authorities, we have analyzed this procedure in a descriptive-analytical way. The result is that the authority of the government in this field is basically based upon assigning this authority by the legislature, which has been achieved in: 1- Determining the national authority in an Act and granting the authority to change it, 2- Not specifying the national authority in an Act and granting the authority to determine and change it. If the legislature is silent about the national authority, the government can determine the national authority by referring to Principle 138 of the Constitution for ensuring the implementation of the law ratified a treaty. In addition, in the case of ratification of a treaty by the government or determination of a national authority in the text of a treaty, the authority of the government is not based on the will of the legislature. One of the important criticisms of the government's procedure in this field is citing incorrect bases for determining some national authorities, especially in the wrong reference to the Act of adding two notes to the Act of membership of Iran in international organizations and institutions of 1370 and citing the principle 138 instead of the Act assigning the authority to determine the national authority.

Many international treaties explicitly or implicitly require the determination of national authorities by the contracting parties in order to implement all or part of the treaty obligations, and therefore, it is important to study the process of determining national authorities. In Iran, only the legislative and executive branches have played a role in determining national authorities; In this article, in order to identify the strengths and weaknesses of the Iranian legislature's procedure in determining national authorities, we have analyzed this procedure in a descriptive-analytical way. The result of the study is that due to the silence of the Constitution regarding national authorities, the legislature has, based on the general competence of legislation, the authority to determine national authorities for all international treaties and institutions. Despite this, in many cases, the legislature has left the determination/changing of national authorities to the executive branch, which is critical, especially considering that some of these national authorities are non-executive. Anyway, comprehensive knowledge of the treaty, which is required to determine a national authority, is generally obtained for parliamentarians at the time of ratification of a treaty, and therefore, the most appropriate tool for determining the national authority is the Act ratifying the treaty, but the legislature in rare cases has used these Acts to determine national authorities. Meanwhile ratification of a treaty by the executive branch, which is allowed in some cases, and determination of national authorities in the text of the treaties, have limited the power of the legislature to determine national authorities.

The rapid advancement of technology necessitates the alignment of basic rights and freedoms with legal accountability, particularly in safeguarding people's health rights and preventing adverse outcomes. Among these emerging technologies, artificial intelligence (AI) stands out as one of the most transformative, significantly impacting various sectors, including healthcare. This research aims to employ content analysis to examine the relationship between health rights and AI technology, focusing on transparency, permeability, and their mutual influence. The study reveals that as the importance of new technologies grows, so too do their associated challenges, which require regulation. AI has increasingly shaped the intersection of health rights and broader human rights. However, concerns arise in areas like self-awareness, decision-making, diagnosis, and treatment by AI, potentially leading to violations of health rights. The study suggests that a combined approach, where AI complements human expertise rather than replacing it, is a viable solution. AI should assist, not replace, human decision-makers, ensuring that ultimately, decisions are made by humans.

Issuing a False medical certificate is one of the most important abnormalities in the relationship between a physician and a patient, which is of particular concern to the legislator and criminalized due to the effect on public order and damage to private and juridical persons, as well as distorting the dignity of the medical profession. This act can lead to criminal, civil, and disciplinary liability for the doctor, depending on the case. In this article, while explaining the concept of issuing a false medical certificate and its various assumptions, the elements of such a crime and the conditions for realizing criminal and civil liability in this regard and applying punishment and compensation will be discussed. In order to realize the special crime of issuing a false medical certificate, it is necessary to take into account the conditions stipulated in Article 539 of the Islamic Penal Code approved in 1375, and in other cases (fake medical certificate or other false certificates) according to the case, Articles 538 and 540 of The law regarding the execution of the punishment and the method of compensating damages, will be applied.

Today, artificial intelligence technology seeks to make medicine smarter, which is managed and exploited through this control, considering that the vital information of the health system is also transferred to this space or basically formed in this space; Therefore, the purpose of this research is to identify the cyber security challenges of artificial intelligence in smart medicine and provide cyber defense strategies.

This study was conducted in the months of August to October 2023. The sources of evidence were PubMed, Scopus and Web of Science databases, articles published in English and the source of authors in Farsi in the years 2016-22; which is a guide to understanding the nature through extensive literature review, analysis, scientific research and opinions of leading people in this field.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Based on the findings, the main challenges of smart medicine include cyber security in remote treatment, endpoint device cyber security, lack of security awareness and human error in cyber security, which in line with cyber defense strategies in securing the remote work environment, device security management The final point, increased security awareness and increased security controls were presented.

Cyber problems have challenged the flexibility of smart medical information systems, affecting our ability to achieve health; Therefore, the management, control and maintenance of this space requires double attention. Due to the necessity of control, management and exploitation of cyber spaces and timely presence and performance in the field of cyber defense is essential.

Today, new technologies are evolving rapidly, and in the meantime, artificial intelligence offers many potential benefits to mankind with its ever-increasing progress. Such technology requires the processing and analysis of significant amounts of data, as well as access to large volumes of big data. However, the ethical issues of artificial intelligence in the digital space must be identified and taken into account to prevent abuse. Therefore, ethical principles should be considered in the artificial intelligence-based system and guidelines should be provided for users who implement artificial intelligence technologies; which can be called digital ethics. Therefore, the main question of the paper is "What are the moral risks of artificial intelligence and is it possible to create liability insurance for artificial intelligence-based systems". The research method of this paper is theoretical and based on a library data collection tool, and the data analysis method is descriptive-analytical. According to the findings of the research, the most important ethical challenges of artificial intelligence include ethical concerns related to the collection and unauthorized use of personal data, which will lead to the violation of privacy and human dignity. On the other hand, one of the concerns is non-compliance with the ethical principles of bias and data security. As a result, while trying to develop ethical standards with monitoring and accountability for artificial intelligence and digital space, digital liability insurance suggested in utilization of artificial intelligence in the digital space of liability and negligence in digital environments. Providers of digital technologies may require specialized malpractice insurance to address potential liability issues specific to these environments. Insurers must develop policies that reflect the unique risks associated with digital environments.

Human life has entered the new era under the influence of the advancement of artificial intelligence technology. The promotion of health rights when faced with the conflicts resulting from the fusion of healthcare and artificial intelligence technologies, are in dire need of awareness of ethical principles and practical guidelines for it. Therefore, the purpose of the current research is to investigate the basics and effects of using artificial intelligence technologies in promoting health rights.

This study was conducted in the months of January to April 2023. The sources of evidence were Web of Science, PubMed, Scopus and Google Scholar databases, articles published in English in 2011-2022; which is a guide to understanding the nature through extensive literature review, analysis, scientific research and opinions of leading people in this field.

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The research findings indicate that the most important effects of artificial intelligence on promoting health rights include the use of artificial intelligence in health management and disease prevention, including smart health management, smart medical education and smart care for the elderly, smart care for children and smart disease prevention and in disease care and treatment, it includes smart health care, smart health and treatment centers, smart diagnosis and treatment, smart remote treatment and smart nursing system.

Healthcare is currently undergoing a digital transformation towards artificial intelligence; Smart Health Themes match today's smart patient care needs. Based on the rapid development of artificial intelligence technology and intelligent medical robot technology, the implementation of intelligent medicine for our healthcare services will become a reality in the near future.

Establishment and security of medicine as the right of human access to medicine is one of the main human rights that has been emphasized by international societies and is mentioned under the right to health. Accordingly, drug crimes are crimes that the main subject of their committing is drugs and their target society is a huge range of society. Since these crimes can make a crisis, different countries follow specific criminal policies to deal with them. The purpose of this research is to analyze Iran's criminal policy to drug crimes.

The method is descriptive-analytical and data collection is done library.

 In all stages of the research, honesty and scientific trustworthiness has been observed.

Since Iran's legislative criminal policy in dealing with drug crimes is a punishment-oriented, punitive approach and lacks a corrective and preventive attitude, due to the lack of clear basis of criminal responsibility in the laws, we are faced with a foundation of criminalization in this area, which shows the expansion of criminal responsibility.

Drug supply has long been governments’ concern and affects all parts of society. So governments always follow special strategies. Action and reaction measures in the field of health and treatment must have a special coherence and include all actors in this field from the production and distribution cycle. With the growth of the human population and need for medicine, legislative loopholes in this field are increasing, which is also quite noticeable in Iran's laws. Therefore, according to the effect of these laws, the legislator can play a significant role in the prevention and increasing process of these crimes by applying the action and reaction measures of non-governmental organizations, with violation and discipline.

Protecting children is a moral consideration and a legal obligation. This study aimed to provide an operational model for the integration of child and adolescent health care programs in child rights clinics (CRCs).

In this qualitative study, a targeted search for laws and texts related to child/adolescent rights in domestic websites was conducted, using keywords including child/adolescent rights, child/adolescent friendly, or child/adolescent health. After reviewing the related laws and literature of child/adolescent friendly centers, the challenges faced by these centers were determined and the operational model was presented.

A review of the literature shows the establishment of child and adolescent friendly centers and also adolescent health clubs by the Ministry of Health and Medical education with the support of international organizations since 2005, as well as CRCs by the scientific association and national authority of the Children's Rights Convention of the Ministry of Justice since 2015, in Iran. However, the activity of these centers has been stopped due to the cessation of international organizations support and the lack of strategies of inter-sectoral cooperation and community participation. Despite the government's position in protecting children and adolescents in accordance with the mainstream laws and documents and the continuation of the activities of CRCs based on Article 50 of the Executive Regulations of Article 6 of the Law on the Protection of Children and Adolescents, issues such as the lack of budget allocation and the need for free legal services , the lack of monitoring and accreditation unit, as well as the lack of a link between these clinics and healthcare centers for at-risk children and adolescents, are among the challenges facing these centers. Therefore, integrating healthcare programs for at-risk children and adolescents in the CRCs and providing them with counseling and legal assistance services can be an innovative and preventive solution to ensure their health and well-being.

Considering the suspension of the activity of children and adolescents health centers and clubs, and establishment of the approved structure of CRCs, the management of the challenges facing these clinics and the determination of cases of referrals and services that can be provided be them are recommended by the Supreme Council of Health and Food Security with the participation of representatives of partner organizations.

Since past time, societies have been encountered with such damages as diseases, poverty and death. Hence, it is for centuries that many states have attempted to reduce such damages via policymaking in order to realize citizens’ welfare rights. Social consequences of such initiatives are manifested in promoting citizens’ life quality level. Therefore, in the modern era, the social policies of the governments have been followed with different approaches from the past and have been influenced by the surrounding conditions of the societies.

Research methodology in present paper is based on cause-and-effect analysis of data and data collection technique is based on library and documents studying in order to respond raised hypothesis in the paper.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Present paper findings suggest that today states have looked at human’s welfare rights through a new approach and have attempted to cover damages from people’s incapability such as unemployment, disability and senescence through wisdom of the crowd and utilizing social initiatives and policymaking in macro levels since such damages would yield to reduction in incomes and consequently, mitigation in welfare level and losing human dignity.

The focal point of efforts can be seen in theories resulted from establishing welfare state that could improve citizens’ welfare and life qualities through supportive policies and extending human security indicators in food supply, healthcare services and training and have enhanced life expectancy via a human development approach. Despite of this, states impacted by globalization, have pursued a postwelfare approach on social policymaking based on a minimum attitude toward supporting citizens’ welfare rights.

Medical privacy and maintaining patient confidentiality is a must which is rooted in absolute moral and customary principles, and is the cornerstone of the trust between the physician and the patient. Therefore, it is supported by laws and considered as one of the prominent aspects of medical law. Violation of patient confidentiality will lead to legal prosecution. This descriptive study was carried out with the aim of investigating the nature and the dimensions of disclosing patients' confidential information in the context of medical law, and explaining the exceptions and the related decrees with a critical approach to the current legal system. The findings showed that the primary rules governing medical relations is the necessity of maintaining patient confidentiality, and commission of crime and criminal responsibility in case of disclosing patients’ confidential information. However, in accordance with public peace and social interests, certain exceptions have been made by the current laws and customs (emergency cases) as the justifiable factors of crime against this rule, which have made the reporting confidential and medical information as a legal obligation for the physician. It seems that by relying on the criterion of "adequate support" instead of focusing on "maximum support" in regard with maintaining patients' confidential information, it is necessary to stipulate the law on the exceptional cases of disclosing patients' confidential information and update the existing laws with regard to the emerging issues and illnesses. In addition, more attention should be paid to clarifying confusion and ambiguity, and creating legal transparency and coherence.

The concept of consent and the theory of innocence are considered as new attitudes and important approaches in medical law, and studying them, as one of the fundamental conditions of medical liability, is of particular importance. Consent to treatment implies that every sane and mature person is entitled to make decisions around the treatment or the treatment method which has been recommended or is necessary for him/her. On this basis, the legislator has explicitly referred to obtaining the consent of the patient or his/her legal representatives in surgical and medical operations, and has considered the presence of such consent and innocence as a must in all surgical and medical procedures, except in necessary and urgent cases. However, given that in the legal system of Iran, following Imami jurisprudence, the pre-operation innocence institution in surgical and medical operations has been taken into consideration by the legislator and is the theoretical basis of medical liability, obtaining the patient’s consent, the legitimacy of medical operations, and observing technical and scientific standards and governmental systems are not necessarily considered as the physician’s disclaimer or among the causes of medical malpractice. The physician will be liable to compensate any life or financial losses caused to patients unless he/she has been acquitted of responsibility by the patient or his/her parents before beginning the treatment, and provided that he/she has not committed any faults. Therefore, the analysis of the concept of consent and the theory of innocence in medical law is the issue which has been discussed and analyzed in detail in the present article.

Some of food producers use legal or illegal drugs and growth stimulants in order to gain more profit because of increasing production efficiency. Considering the variety of drugs and growth of stimulants used by the manufacturers and the extent of these crimes’ effects as much as the society’s people and even its impact on the future generation of the society of one hand, and with the aim of protecting the citizens of the other hand, it is necessary to gain an effective criminal policy in preventing such crimes via identify the MRL (maximum amount of remaining pharmaceutical substances in proteins) and criminalization of its violation in domestic laws, while implementing criminal justice.

In this article, while defining MRL and its effect on food consumers as well as examining the way these crimes are committed and their potential in current laws, the need to identify MRL and criminalize it in Iran law system is investigated with a descriptive and analytical method.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

At the national level, due to lack of a precise definition of MRL and identification of the drug residue and growth stimulants level in food as well as presence of a legal gap in relation to these crimes, the legislator should protect the citizens and the future generation by defining the MRL and criminalizing its violation.

It can be concluded that at the level of domestic laws, despite the potential in the food and drink law, it is practically not possible to deal with the crimes related to presence of pharmaceutical residues in food due to lack of MRL recognition and its standard level.

Despite obvious differences between transsexuals and other social minorities, they are face fundamental human rights violation from birth. Neglect or misbehavior of the parents in the family as the first and most important center of society-, is a headline for the incorrect continuation of this practice in schools, workplaces and social activities of transsexual children. In most societies, transsexuals are considered to be homosexuals or transvestites from birth, but the reality is that transsexuals are neither homosexual nor transvestite; the difference is in the gender identity of these patients. Due to the lack of public understanding of this distinction in the societies and despite the support provided by the Convention on the Rights of the Child, which explicitly includes transsexual children, these patients always suffer from widespread violations of their fundamental human rights within the family, school, and other social institutions. One of the most effective tools of the Committee on the Rights of the Child (as a Supervisory body of the Convention on the Rights of the Child) to protect the rights of transsexual children is the legal authority to General comments of the provisions of the Convention, which plays an important role in guiding member States to reform the cultural, social and economic structures and approaches of societies.

 The National Document on the Rights of the Child and Adolescent explains preventive measures and protections which one example protected by this law are transsexual children and adolescents. Individuals who do not match their sexual and gender identities and they are now considered patients with mental disorders under domestic law. Transsexual children and adolescents around the world face widespread abuse that severely affects their physical, mental, spiritual, moral and social growth. This article discusses the most important legal protections contained in the document governing these individuals.

 The research method is descriptive-analytical and the data collection method has been library.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

 According to version 11 of the World Health Organization's forthcoming International Classification of Diseases, transsexual persons have been on the list of "mentally ill" people since the beginning of 2022, but in most countries transsexual persons are still on the list of mental disorders. In the current legal situation, the National Document on the Rights of the Child and Adolescent can play an effective role in improving the situation of transsexual children and adolescents in our country.

 The National Document on the Rights of the Child and Adolescent contains an irreplaceable role and a privileged position among the laws in the field of children and adolescents. Internationally, this document is the basis for introducing and explaining the position of children and adolescents in international forums. In terms of domestic law, all agencies related to the affairs of children and adolescents, according to their duties, must apply the provisions of this document by taking legal measures in the relevant decisions and planning. The implementation of human rights measures and protections in this document not only leads to the prevention of abuse of transsexual children and adolescents and their physical, mental, spiritual, moral and social upbringing in a proper context, but also leads to raises the level of human rights and enhances the international credibility of the state in world public opinion.