فصلنامه حقوق پزشکی
پیاپی 55 (زمستان 1399)

Coronavirus pandemic as a global health challenge, has had many political, economic, legal, social and cultural consequences in the realm of national societies and internationally. The most important concerns in the legal field are the human rights situation in the international system and civil rights in the field of national systems. These concerns are mainly related to the restriction of the right to information and access to the information, inadequate and unfair receipt of health equipment and systematic violations of the right to life and health, threat to economic security, human dignity, freedom and privacy of citizens due to lack of government management or Infrastructure and lack of timely response to the corona pandemic  as well as abuse of authority arise from exceptional circumstances. In this study, with a pathological approach, human rights and citizenship challenges in the specific situation of the Corona pandemic were analyzed and, as far as possible, approaches in the field of legal policy were presented. Based on this, the components of action appropriate to the necessary conditions, obligation to the rule of law, temporary solutions, elimination of discrimination and citizen participation in national programs to prevent Coronavirus, are strategies to reduce and fix concerns about human rights abuses in the process of pandemic crisis.

One of the most important social activities of the members of the society is the operations related to the contracts that they conclude. Pursuant to the principle of contractual freedom, individuals are free to act in accordance with their wishes.  One of the obstacles to enforcing this principle is public order. COVID 19 disease as a disease with a high epidemic rate with potentially fatal effects is currently in the contract as an important part of legal activities. The effect of this disease on contracts is significant. In the meantime, the basis for effectiveness should be clarified and the legal effects of the disease can be determined according to the type of contract with this complication. It is specific to the contract and its application can play an important role in preventive measures. Its rapid and global spread, given the lack of definitive treatment and vaccines, should be considered a barrier to contracting. Since a person with a suspected physical involvement in the contract (whether forming or performing) a precautionary measure against the spread of the disease is likely to be fatal, there is no doubt that there is an example of dealing with public order; Collection of data and information on virology and health of the causative agent of COVID 19 using various sources and sites and the website of the World Health Organization and its compliance with the rights factors of contracts for review and implementation were reviewed and legal analysis of the effects of this disease and The need to avoid precautionary measures was presented in accordance with the legal system. Therefore, by determining the guarantee of civil performances in accordance with the prevalence of this disease, the contractual effects should be in line with preventive measures, depending on the guarantee of invalidation, termination or temporary suspension of contracts of infected and probable and suspicious people according to the type of contract. This research is legal.

"COVID-19", which was first seen in China in December 2019, outbreak worldwide in a short time and took the lives of many people around the world. In addition to claims concerning Chinachr('39')s fault in creating the disease and failing to prevent its spread, it is seriously claimed that China has delayed and sometimes incorrectly reported information concerning disease to the World Health Organization, and as a result, It has breached its international obligations under the organizationchr('39')s Statute and its annexes, as well as some human rights instruments. Each of the member states of the organization may invoke to the international responsibility of China in the International Court of Justice for breach of the obligations set forth in the Statute by the permission set forth in Article 75 of the organizationchr('39')s Statute. The compliance of Chinachr('39')s conduct with international law in dealing with "COVID-19" can also is requested from the International Court of Justice in the form of an advisory opinion. Despite the low mandatory nature of advisory opinions compared to judgments, the Court is not subject to jurisdictional limitations in considering advisory opinion and is not limited to examining violations of international obligations accepted by the China and can freely declare Chinachr('39')s non-compliance with its legal obligations in various areas of international law.

Brain death involves the complete and irreversible destruction of brain activity characterized by profound coma, apnea and the absence of all brainstem reflexes. The issue of organ transplantation is a very important issue in the field of jurisprudence and law in addition to being one of the issues to be considered and analyzed in the medical world, especially in jurisprudence and the issue has been raised with great sensitivity and since this practice is entirely sensible. Individuals are physically related and in the fulfillment of the sacred duty of the human being and his/ her physical integrity as Ashraf the creatures and the caliphate is of particular importance. The ethical roots of organ donation in brain death patients are that different religions and cultures cannot easily accept that a person who has vital symptoms can be dead and accepted, especially by close relatives. Very difficult. The ambiguity and fears are not due to the precise diagnosis of the time of brain death, but to the early detection of death and early donation of organs. Since organ transplantation plays a vital role in saving human lives and the sacred law has made human life and health as its essential concern, it can be said that with proper understanding of human beings, the limits and scope of research, education and treatment. Human beings will be identified and the health of society and the survival of the human race will depend on this knowledge. It is also recommended to consider necessary educational programs in order to increase the knowledge and positive attitude of medical staff and community members towards organ donation. In this article, we will try to articulate the legal principles of organ transplantation while expressing the arguments of supporters and dissidents of the brain dead.

The progress of medical knowledge on one hand and social necessities as well as spiritual needs on the other hand are among the elements affecting the increasing tendency to plastic surgery in different societies. Due to special properties of this type of medical operations in the area of aesthetic and reconstructive surgeries, there are social and legal issues together with numerous mental and physical damages. Reducing the possibility of occurring such events as much as possible is the concern of most judicial politicians and health custodians throughout the world. However, lawmakers and custodian in our country have not taken proper legislative or executive policies in this regard. The current research is to determine reasons and factors leading into medical negligence by studying common reasons of damages in plastic and reconstructive surgeries and accordingly study preventive solutions hindering such damages.To handle current difficulties and challenges, UK has determined surveillant frameworks in 2016 called “professional standards for reconstructive surgeries” and accordingly has determined and formulated how to perform reconstructive surgeries. Hereupon, benefitting from this framework can be a significant help to the disruption and lack of specific and well-organized rules within the country and to following the criteria and standard related to operating reconstructive and plastic surgeries such that prevention is made and the possibility of occurring harms and damages in this area is diminished.

The criminal response to the crime is stopped and affected by the emergence of several elements such as the legal element, the material element and the spiritual element. The lack of any of these elements impairs the criminal capacity of individuals. Mental illness and disorders are among the factors that change the punishment due to its effect on the psychological element of the crime. Premenstrual syndrome or PMS is a condition known as a mental disorder and despite the impact of this disorder on punishment in many countries, and despite the jurisprudential background and the impact of menstruation on the provision of certain substances in the relevant laws of Iran, but the impact This syndrome has not been taken into account in changing the punishment in the law.

This descriptive-analytical study examined the word "torment" in verse 222 of Surah Al-Baqarah and the course of womenchr('39')s physical and mental reactions to premenstrual syndrome. Also relying on medical and legal evidence to examine the feasibility of the effect of this syndrome on the lack of the mens reaof crime and intent, as a result of the loss of a personchr('39')s criminal capacity.

In the present study, it was found that premenstrual syndrome has the potential to be classified as a mental illness. Also, the relationship between this type of syndrome and a personchr('39')s behavior was medically proven that this effect can be reflected in the verdicts.

Ethical Considerations:

 In his research, the researcher seeks to clarify ambiguous issues and in order to reach an appropriate answer; he tries to follow his path to his goal through logical methods. In the present study, by observing the trust of the sources used, an attempt has been made to apply all the ethical considerations required in a research.

Premenstrual syndrome or PMS is one of the mental illnesses that can affect a personchr('39')s behavioral states, which results in disruption of the constituent elements of the crime.

Infertility treatment is a problem that has opened new windows in the medical sciences and since the conventional methods of infertility treatment such as and Alternative and from the religious point of view, it seems to have some drawbacks, whichseems to have to be considered for the continuation of infertility treatmentwork. The progress of progress in the field of medicine and the problems with itin the field of jurisprudence is such that it has to review new methods andtherapeutic innovation in order to find scientific solutions based on theprinciples and principles of jurisprudence. From the legal and legal point ofview of the link of reproductive power plants as regards to its role in infertilitytreatment, it deserves a serious look. this method of experimental therapy inmedical centers, even in the west, is undergoing the importance of attention to this issue is that the preservation of thegeneration for the Homo sapiens, as well as the improvement and health oftheir lives, may cause severe psychological and psychological harm to thewife, couple or both and may sometimes lead to divorce - which is a majorsocial harm and is considered the most controversial of sacred theology. The need for testicular and ovarian transplantation, the examination and explanation of the legal and legal bases of the license and the lack of authorization and the effects and achievement of this type of coupling for couples, testicular and ovarian hyperstimulation as the main organ of the body, thus resulting in a born child, a legitimate child. According to which all the legal and legal rights and duties of the parent towards the child and the child towards the parents, such as the childchr('39')s origin, the veracity of the will for this type of carriage, the responsibility of the parents against the acts and behaviors of the children and the enjoyment of the children of the benefits Alimony, surname, right of residence, right to citizenship and... Make a difference.

Incontrovertibly each person’s body has an undeniable role in shaping personality and in self- definition of ego. Nowadays and based on scientific efforts, we know sex and accordingly, gender, as a spectrum in inter bodily experience. Over the long years intersex status was considered a "disorder", but recently and in the light of modern medical, psychiatric and cognitive science, "different" experience of the two feminine and masculine sexual templates replaced the prevailing perception of intersex status. Concurrently with these scientific efforts, the process of legal recognition of intersex persons as conscious, dignified and autonomous persons has started. Legal recognition as one of the widespread types of recognition, influenced by the dynamism of the two concepts of sex and gender, is an action that during the years, encapsulates the debate on the agent of recognition on the one hand and subject of legal recognition, intersex persons, on the other hand. Birth of positive and negative legal recognition is the result of this action and reaction. In negative legal recognition, only the two feminine and masculine sexual patterns are recognized and intersex persons have to undertake the burden of irreparable and dangerous surgical shaping to join one of the two, without informed consent and necessity of treatment. But in positive legal recognition, existence of component elements such as right to self-determination, right to bodily integrity and right to have infant genitalia, creates a right-based model of legal recognition of intersex persons. In fact, this research is a descriptive-analytical research with a comparative approach in study of the legal acknowledgement or enforcement mechanisms of judicial precedent that guarantee such rights. This also actualizes the fundamental idea of positive legal recognition, i.e. the equity between intersex and male or female humane.

Mercyful killing (euthanasia) is a basic issue in bioethics. It`s common sense is the act or method of causing death painlessly, so as to end suffering as a way to deal with persons dying of incurable, Painful disease. After defining euthanasia the present research tries to investigate this phenimenon in nations and religions viewpoint. Due to the subject being important and few studies available in this area, the current study has been designed, which is a systematic narrative review. Using keyword search in the databases like Matscinet, ISI, Scopus, Google Scholar, Science direct, Pubmed, Iranmedex, Medline, Magiran using the following key words, euthanasia, medical ethics, nations, religions and pallivative care search was done. After searching the available databases with the appropriate key words, between 2010 to 2020, 72 articles have been obtained. Out of these ones, 46 articles have been selected and analyzed as the most relevant to our desired objectives. At first, we study nations and three monotheistic religions, Islam, Christianity and Judaism then other religions such as Hinduism, Buddhism, Taoism, Confucianism and Shinto school will say about euthanasia. They have also allowed such patients the right to death according to human ethical principles and it has even been a legal practice in some countries. Reviewing the articles related to the positions of different religions in the world regarding this phenimenon show that, all Eastern and Western religions are against active euthanasia. But passive voluntary euthanasia is accepted by almost all religions if it is conditional on certain conditions.

Described The potential harm of children and their dependence on adults, the authority can end all societies, in line with the requirements of good health of the child, only in terms of cultural, economic and social status, violence and in particular corporal punishment of children even for discipline and not It not only allows perpetrators, but also changes the mentality of citizens, communities and socio-economic conditions in promoting or justifying it. Using various scientific studies, international obligations as well as human rights considerations, no kind of physical violence and discipline against children can be justified and if it is promoted, not all things are different from this category, it is predictable and permissible. However, in some countries this action is either allowed or sensitized to this type of physical violence and violation of the right to health if the situation is not acceptable and is done specifically with negligence. In your article, the main question that is currently being considered is what laws and policies have been adopted and recognized to counteract and restrict the physical establishment of these people, considering the right to childrenchr('39')s health, criminal law, the answer of Iran and Switzerland? This issue has been studied by descriptive-analytical method and library tools in the law of these two countries. In Iranian law, the criterion for emphasizing the existence of aspirations to justify physical violence is still considered to be that if it does so, it is available if the provisions of Article 1 of the Law on the Protection of Children and Adolescents adopted in 1399 are regulated. However, in Swiss law, according to the components of the right to health, physical approval as a right by the parents can be foreseen and it is weak or the guarantee of the performance of the violation of it has been foreseen; A policy that has been neglected in Iranian regulations. In addition, the recognition of this endorsement as a new form of security and educational practices for juvenile delinquents requires a clear and transparent construct in criminal law.

Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources.

In the issues related to practical principles and in the field of communication with obligatory rulings, many issues have been raised by fundamentalists, but status and legal rulings have been less discussed. It should be noted that in the current society, some issues are encountered that are challenging.It is as if the principles of practice have been applied to a matter and a ruling has been issued in a way that is related to the rights of individuals. In fact, the execution of a sentence by the obligor, the legislator or social legitimacy is based on practical principles, and after issuing the sentence, it is discovered that the requirement of the principle was contrary to the fact, and therefore we must see what the answer is. This issue, in addition to the responsibility of physicians in the valley of practical principles and the legal realm that indicates it, due to the inherent importance hidden in the case of practical principles, has been deeply explored in the current research in an analytical-descriptive manner. The results of the study indicate that medicine has long been considered a vital profession and these physicians, as people with social status, have always been trusted by the public. Also, the importance of the position and vitality of physicianschr('39') activities has increased the scope of their responsibilities. Based on this importance, jurisprudence, in regulating the physician-patient relationship, has tried to make the treatment process the best it can be, although the obligations and rights of each party to the relationship have been determined in order to provide supportive, vital activities. Include medicine and on the other hand prevent any kind of abuse or abuse of the patient and doctorchr('39')s possible rights. Therefore, as long as no court documents are presented against the physician in connection with the infliction of damages on the patient, the law has counted the acquittal of the physician so that he is not responsible for compensating the losses, and therefore the procedure of practical principles speaks for itself.

What is always referred to Maturity as the beginning of the responsibilities and limitations of the obligated human being is the reaching of a girl and a boy at a certain age, but regardless of its religious basis, puberty is a natural phenomenon with the actualization of sexual talent and reproductive powers. The criterion and rule that is explained in verse 6 of Surah An-Nisachr('39'). However, many narrations and news have mentioned various signs to interpret this stage of sexual ability and have stated the ages for it. However, attention to maturity in terms of ability and fertility is affected by many factors such as climate and climatic characteristics. This issue has not been much considered in jurisprudential and legal fields, although it is cited in the components of natural sciences. With these descriptions, dynamic jurisprudence is expected to take a new look at the basis and concept of maturity, to study and evaluate this phenomenon.

 Some subject areas of human rights, such as patientschr('39') rights, are often treated with greater sensitivity around the world. One of these rights is the "right to privacy of the patient", which has long been respected by individuals and the sensitivities of its protection are increasing every day.

 In this article, an attempt is made to answer the research questions using analytical-descriptive research; given the patientchr('39')s rights and status, what are the requirements for maintaining the principle of "right to privacy"? What are the requirements for observing the principle of "right to privacy" in various legal documents? We have explored this issue in domestic law and international human rights instruments.

 According to the international human rights documents, the Iranian domestic law system and the principles and foundations of the right to privacy, the observance of "patients chr('39')right to privacy" can be achieved within the framework of amending the Charter of Patientschr('39') Rights.
Ethical Considerations: In collecting information and writing an article, professional ethics, including the principle of fidelity in quoting content, has been carefully and obsessively observed.

 "Right to privacy" is one of the most important rights that is closely related to human dignity. The Westchr('39')s short history of upholding this right and the long history of Islamchr('39')s protection of privacy have led to numerous international conventions and legal instruments that have implicitly or explicitly provided for this right. These documents, as upstream documents, have led to the creation of more detailed and accurate documents called the "Patient Bill of Rights", which are very important. The results show that it is very necessary to review the Charter of Patientschr('39') Rights with a view to the principle of "right to privacy".

 Regulatory governments need, above all, efficient and effective tools to play their role in regulating economic and social relations. Informal guidelines are among the tools that the U.S.A Food and Drug Administration (FDA) uses to guide actors in this industry as its primary method of policymaking as opposed on more formalized procedures. These methods can be used to explain the regulatory system of other governments.

 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.

 Following improvements to the FDA regulatory system, this article discusses how and why the FDAchr('39')s use of informal guidance to fulfill its statutory mandate has changed over the past century and introduces its valuable indicators to our countrychr('39')s regulatory system. Undoubtedly, with the help of the successful experiences of other leading countries in the field of regulation, the possibility of success in this complex field can be increased.

Ethical Considerations:

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

 Undertake a normative analysis of the FDAchr('39')s increasing reliance on informal guidance, this development has benefited the FDAchr('39')s major stakeholders: (regulated entities, the public and the administration itself) and Considering to the existing legal contexts in the regulatory system of the Food and Drug Administration of Iran, this can be a normative localization in the legal system of our country.