MEDICAL LAW
Year:2017 | Volume:11 | Issue:42 |Papers Count:9

Social security as a social and historical phenomenon, is being considered as the result of economic and social development process especially in developing industrial societies proposed as the individual security requirements against the social risks but its legal norms in the human right framework needs international community attention on the basis of issuing international documents, rules and regulations. In the documents, the social security right with all subject varieties is being recognized as the fundamental right to preserve human inherent dignity and supply its social and individual benefits indicating governments are in charge of human right fulfillment. Although all governments regarding, facilities financial resources and other political social conditions, do not fulfill all rights as the same, the right to social security as a fundamental right of every individual is being accepted nationally and internationally which assists governments to do justice and establish social security as well. The right to social security is also regarded as an appropriate indicator in international peace and security preservation. This paper seeks to answer the following questions, What is the position of social security on international system of human rights? What are the social security rights’ components and concepts? In addition, what is the government role for the social security right fulfillment?

Wife fertility by donation sperm or ovum is one of the new methods of laboratory fertility that experts benefit it to treat infertility of one of the spouses. In this technique, by supervision of doctor, wife will be able to fertility by getting donations sperm or ovum.Infertility treatment of wife by foreign gametes causes some reactions and oppositions from Shia and Sunni scholars, especially this opposition is more precisely considered in relationship with wife fertility by foreign man’s sperm in a way that more scholars treat this prick as adultery and oppose to maintaining chastity. By this citations, it is necessary to study if donation of gametes is unlawful? Or its permission is not out of mind? And by permission assumption, what compliance issues are its provisions? Is administration of this method interference in divine destiny, adultery and violation of caution in frvj? So, in this study, by firm answering to mentioned questions, we prove that benefiting this technique will be conditional lawful.

The probability of infection of disease is an issue that may be a concern for many citizens, especially for people regarding to their jobs or by having dangerous relations and etc. are exposed to infection by this kind of disease. The assumption is where that person presently is not diagnosed with any disease and also in the future his\her infection is uncertain but often it is probable that the person is infected but because of latency and etc. is unable to be diagnosed or probably it will be formed in future. In this article, the subject mentioned above, by the titles of increased risk of disease and fear of disease in Iran and the United States law systems are considered and the effort was put to analyze the standards and norms for compensation of probable damages according to law and their judicial judgments. In Iran law system according to existing laws, probability of infection to a disease as a physical damage does not make any liability, although as a moral damage even in approved laws or jurisprudence sources, fundamentals for civil liability can be found about this subject. In the United States law, concerning infection to diseases many different judgments have been made that the courts, by adopting various standards, have accepted some actions, and some actions have been rejected.

Background and aim: In spite of scientific and technologic developments in medical diagnosis and treatment, health providers’ malpractices increased that can decrease confidence of the people to them and cause stress and anxiety. The study is carrued out to determine the compliant about health providers’ malpractices in records referred to forensic medicine organization in Urmia, during 2009-2013.Method: In this descriptive cross-sectional study, 134 malpractices claim records registered in legal medicine organization were assessed. Demographic characteristics of the patients and health providers, the place and the kind of malpractices and the kind of injuries were gathered by a checklist and analyzed by SPSS 18.Findings: During these 4 years, 134 claimed documents had been studied. 101 (75.4%) of samples were men and the others were women (24.3%). Mean age of them were 35.1±19.2 years. Most of records were related to doctors’ malparctices (37.3%) and other health care providers (62.7%). The most of complaints were related to carelessness (39.5%), lack of skill (28.9%), negligence (26.3%) and non-compliance with government regulations (5.3%). Orthopedic surgeons (16.4%), gynecologists (12.7%) and general surgeons (11.2%) and ear nose and throat specialists (11%) had the highest malpractice cases. As a result of complaints cases referred to in (74.6%) resulted in acquittals and in (25.4%) cases resulted in a conviction. Conclusion: Although most of the health care providers were acquitted, scientific skills and a good communication with patients about their treatments and reduction of possible side effects and paying attention to medical ethics can prevent many complaints.

Although, the history of login of secondary victimization notions in Iran criminology discourse return to more than a decade ago, but these ideas has been adopted in Iran legislative politics by enacting Code of Criminal Procedure in 2013 and in this act has been considered numerous mechanisms for supporting them in order to reduce their hardship. The victim's sick people have more specific needs than other victims. They are suffered financial and moral losses as a result of crime. On the other hand, due to their specific circumstances, they face persecution for their rights. Failure to support them will instigate delinquents in the reappearance of delinquency as well as the blackening of dark number of criminality. In addition to the victims, witness and sick informed people that play an important role in the administration of justice, needs special support. By ignoring this issue, disrupts the criminal justice system in fulfilling its basic objective of enforcing justice and depriving those victims of the fundamental right to plead. The question is that considering the necessity of protecting the victims, witness and sick informed people in the criminal procedure, is this necessity considered by the legislator in the adoption of the Code of Criminal Procedure of 2013? Regarding the anticipation of measures, it seems that the possibility of intervention by NGOs in declaring a crime against the victim's ill, prescribing the entry of judicial authorities in litigation on their behalf, the appointment of an interpreter for the deaf and lacking the speaker's power, the prohibition of arrest of witness and sick informed people and accepting their illness as justification and other protective mechanisms can be answered positively. Certainly, the proper implementation of these rights can be an effective step in improving the rights of the victim, witness and sick informed people.

Along with the wide and global acceptance of traditional medicine as a valuable treasure of rules and local customs for the prevention, diagnosis and treatment of diseases, economic benefits arising from traditional medicine have attracted pharmaceutical multinationals to utilize this knowledge that is mainly created by the indigenous and local communities in developing countries to produce new drugs. In many cases, the knowledge is used without permission and fair and equitable benefits (biopiracy) which has been given rise to the objection of knowledge owners. While a number of international and domestic laws and regulations have been established to provide protection for traditional knowledge and medicine, due to insufficiency of the set-up mechanisms, the necessity of legal action to protect traditional medicine is still an issue. On this basis, WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is handling negotiations with the objective of reaching agreement on a text of an international legal instrument that would address the gaps in detail. Accordingly, this Article analyses the Draft Articles and evaluates its weakness and strength in providing effective protection for traditional medicine. This article will also propose a number of suggestions that aim at improving the Draft Articles to achieve effective mechanisms for protection of traditional medicine.

Competition as an important incentive for innovation leads to freedom of choice and price reduction and contributes to more rapid provision of new and effective therapeutic technologies. On the other hand, anti-competitive practices adopted by economic undertakings in the health sector may disrupt competition including limited access to medicines and medical services or increase in their price. Examples of anti-competitive practices are ever greening, merger and acquisition of companies, purchase of generic products by the branded patent owner and refusal to license essential patents in the health sector. The research question is whether competition law can be a significant factor in regulating competition and improving access to medicines and medical technologies. The objective of this article is to study the role of competition law in improving public health including access to medicines and negative effect of anti-competitive practices in prices increase and limiting access. The hypothesis of this research is that competition law may act as an effective factor in the health sector in improving access to medical technologies and encouraging innovation in the medicines sector. The results of this research show that since national laws and international agreements including TRIPS Agreement have recognized the role of competition law in controlling the behavior of intellectual property owners, more effective actions to increase competition and corrective actions to compensate anti-competitive practices regarding access to medical technologies must be done by governmental and private authorities. Modification of existing laws, enacting suitable laws involving clear rules considering characteristics of the health sector, and proper remedies such as compulsory licensing are among solutions which are recommended to prevent anti-competitive practices and maintaining competition in the market.

In recent years, inexpensive and fruitful gene editing techniques such as CRISPR-Cas9 and NaAgo have revolutionized the biotechnology industry. Genetically edited organisms, gene therapy, treatment of diseases such as AIDS and editing human cells are some of the marvelous applications of such technologies. Using such technologies in large scale or granting exclusive rights on their products or their application in living organisms might challenge biosafety regulations and patent system principles. The aim of the present article is to analyze the two crucial aspects of CRISPR-Cas9 through a comparative analytical study of the relevant international documents, the procedures of the competent authorities in EU, US and current Iran’s regulations. From biosafety point of view, the main question that we intend to respond is whether gene-edited products can be considered as GMOs or not? The response to this question considering both legal and technical aspects, will determine applicability of the biosafety regulations governing GMOs on the products resulted from CRISPR-Cas9. From intellectual property angle, we discuss the most important challenges with respect to patenting inventions based on CRISPR-Cas9 including inventive step, sufficiency of disclosure, ordre public and morality requirements. At the end, we conclude that trying to match "Gene-Editing Technology" with "Genetic Engineering" through different interpretations of the Cartagena biosafety protocol without considering the Article 31 of the Vienna Conventions on the Law of Treaties (VCLT) which offers clear guidance for the interpretation of treaties also without considering the technical nature of such technologies will have undesirable outcomes. Meanwhile, protecting the Gene Editing Technologies under patent system involves passing patentability requirements and CRISPR-Cas9 based inventions are not excluded from this rule. Therefore, what can be effective in development and appropriate regulating of such technologies from biosafety point of view, also in legal protection of these technologies is indeed development of doctrines.