فصلنامه حقوق پزشکی
پیاپی 29 (تابستان 1393)

Set of proceedings، which one or more international actors on one or more other actors in order to accomplish target، is called sanction. Punishment of opposed side to prevent whatever is valuable for sanctioning or make them observe some norms is important. A health right has been recognized as fundamental human rights. States are responsible for their nationals’ rights. Although states aren’t responsible for health right of other country citizen، they are not allowed to damage them. Addition to numerous negative impacts of sanctions on government policies and programs، it has influenced on Iranian citizen directly and indirectly that is against humans’ right. In this research، health right is indexed and sanction impact on Iran about each index is described.

Some scholars believe that medical researchers who conduct non-therapeutic research on human subjects should not be sentenced to criminal punishment even though they are committing criminal act with harming human subject. In contrast، other scholars argue that administrative and civil sanctions in connection with biomedical research is not enough And criminal sanction in addition to civil and administrative sanctions have a greater deterrent effect. In this paper we Review the viewpoint of those who Support the ban on criminal policy in scientific research and analysis the view of advocates of necessity of adopting this policy، we proposed the best approach for the Iranian legal system. According to Reasons of proponents of each theory and principles of national rights، the use of criminal sanctions against misconduct in scientific research can be instrumental in protection of human subject’s rights and reducing misconduct in scientific research.

Rights of patients with mental disorders are violated in many different ways، and since these patients comprise the most vulnerable section of the society، defending their rights is imperative. Knowledge of psychiatrists and all those involved with these patients of relevant laws plays an influential role in advancing treatment، legal، and humane objectives. This study aimed to determine the relationship between awareness of psychiatrists of rights of patients with psychological disorders and level of respect for these rights from their perspective in hospitals affiliated with Ahvaz University of Medical Sciences in 2012. This cross-sectional descriptive-analytical study was conducted on 20 psychiatrists in teaching and non-teaching hospitals affiliated to Ahvaz University of Medical Sciences who entered the study in the form of a census in 2012. To collect data، a three part researcher-constructed questionnaire of “rights of patients with psychological disorder” was used. Psychiatrists completed the questionnaire in self-reporting style. Data were analyzed using descriptive statistics and Pearson’s correlation coefficient test. SPSS-19 software was used for data analysis. Majority of psychiatrists (75%) showed a good awareness of the rights of the mentally ill، and 25% showed moderate awareness. In view of majority of psychiatrists (55%) respect for the rights of the mentally ill was good، 15% thought it moderate، and 30% rated it very good. According to results of Pearson correlation coefficient test، no significant relationship was found between awareness and respect for rights of these patients in view of the study subjects. The lowest levels of awareness and respect for rights in view of psychiatrists related to items of “patients’ access to his own medical files and being informed of its contents (information about diagnosis، stages of treatment and course of the illness)” and “expressing delinquency occurred during service provision to the patient by the culprit person”. During patient’s treatment، by considering basic rights of the patient، physicians could raise efficacy and quality of treatment to maximum level. Although in the present study، views of majority of psychiatrists of awareness and respect for the rights of the mentally handicapped was good، all psychiatrists must make their maximum effort to respect patient’s rights and to familiarize patients with their own rights as well.

Insanity of accused is one of the problems which may happen In the process of criminal procedure. As insanity removing criminal responsibility and the insane person has no comprehension of what he /she has been committed، this issue is truly important and Depending on which phase that accused become mad and insane، judicial decision would be different، it may be amount to writ of order of prosecution، stay order or even enforcement of sentence and etc…. Although it seems the articles related to definition of insane، enforcement of Hudoud and Qesas against insane person have some difficulties. Following this، to illustrate more the subject-matter، concerned articles in Islamic Penal code Bill would be analyzed.

Medical Professional Civil Liability Insurance is a special type of the civil liability insurances. Nowadays، medical services insurance policies have been specialized in developed countries and insurance companies in each case cover only the damages which are the subjects of the insurance policy. In such countries، in order to arrange the comprehensive cover insurance for their professions، medical professionals and medical-related professionals should in some cases inevitably insure their professional liabilities by purchasing several liability insurances. Thereby، by expanding the scope of medical liabilities، some countries have decided to make this insurance compulsory. In Iran، according to the prepared statistics، only an average of about 23% of the physicians have gotten the civil liability insurance during the years 1999-2001. In this study، beside presenting some generalities about Medical Professional Liability Insurance and also providing some instances which are under the cover of this type of insurance، the most important exceptions of this Insurance in which the insurer is not responsible of the incurred damages have been studied and in case of need some recommendations have been put forward in this area.

Occupation is necessary for human life، for the survival of the society and human is dependent upon occupation. In spite of livelihood، it provides the human with the sense of respect، self- confidence، health and it boosts morale. But in the life of a disable one it plays even a more striking role. It makes him feel competent and have the sense of independence and social integration. In this research attempt has been made to study occupation right in Convention on the Rights of persons with Disabilities and Laws and regulations of Iran to analyze protective policies of the government in relation to the existing laws، especially the law of protecting disables society. Considering the occupation obstacles of disables، we offer suitable strategies to remove the discrimination against this field.