MEDICAL LAW
Year:2020 | Volume:14 | Issue:52|Papers Count:9

With the advent of the concept of good governance, the nongovernmental organizations, which are part of the civil society, appeared as one of the non-governmental actors in the realm of governance. The inability of governments to carry out their assignments as well as the basic rights of individuals and the tendency to curtail governments’ role made these organizations act as a state aid force in three areas of legislative, executive and judicial affairs. The purpose of this research is "To study the role of NGOs in developing the right of health in Iran. " The results of this research, which is based on the library method referring to books, articles and legal texts, show that there are obstacles to NGOs participation in the field of health right, most notably the lack of a culture of participation among the people to activate and strengthen the NGOs force, and the lack of specific legal guidelines on how to use and use potential. It requires the training of government and trustees to create a culture of community participation and to develop laws and regulations to anticipate specific enforcement mechanisms for the capacity utilization of these institutions.

Despite the fact that the concepts of organ transplantation and organ trafficking seem two completely distinct categories at first glance, sometimes they overlap with each other. This is especially in cases in which organ transplantation occurs from one country to another and for a financial exchange. There are two general indicators for determining the distinction between organ transplantation and organ trafficking. First, donor consent is one of the principles in medical and law sciences that demonstrates willingness. The consent of donor may be announced in two assumptions of informed consent(explicit) and presumed consent. Second, the prohibition of granting privileges generally prevents allurement and threatening of donors. These privileges are limited to financial concessions. Not only non-financial privileges are not prohibited, but also are accepted by some countries. The present article, through a descriptive-analytic method and by applying a human rights approach, attempts to determine the legal boundaries between organ transplantation and organ trafficking and investigate combating transplant tourism under human rights rules and norms as well. In addition to human rights instruments to the effect of prohibiting this phenomenon, the act of organ trafficking implicates some of human rights principles including right to life, non-discrimination and prohibitions of torture and slavery. The basic assumption of the article is based on this issue that commission of organ trafficking and human trafficking for organ removal are regarded as international crimes in cases in which part of the acts or their effects extend to another country and these acts, subject to fulfillment of other conditions, fall within the jurisdiction of ICC under titles such as crimes against humanity, genocide and war crimes.

Eternity is a human basic instinct so he does his best for it. Cryonics is a hypnotically way for life extension via cooling patient body with purpose of recovering and curing in future. This method raised various criminal problems which have roots in patient status of life or death. The author firstly believes that doing cryonic does not amount to death, murder or inflicting bodily harm; so perpetrators and related institutes have no responsibility. Secondly if cryonic institute decide to discontinue the life extension methods due to financial destitution, no prosecution would be stated due to Article 365 Islamic Criminal Law provided that the institute acquited in its first contract with patient.

Today, with the spread of Customs offenses and the variety of ways in which they are perpetrated, the function of the Customs Administration as the economic guard of the country and the central actor of the country's entry and exit poits has become important in adopting preventive measures commensurate with the typology of Customs offenses. To this end, with the emphasis on maximizing public health support for the country's macro policies on the one hand, as well as the increasing interest of the public to consume imported goods, on the other hand, the Customs role for detecting, identifying and reporting the goods threatening the consumer's health-judicial authorities has been elevated. The goods threating the consumer's health could be edible, beverage, cosmetic, and the focus of this paper is on these topics. The key question in this paper is, considering Customs' functions, which Customs enforcement-approaches can be more effective in protection against the import of counterfeit goods that threaten the health of consumers? The customs' practical approach in importation of healththreatening goods focuses on two offenders' behavior: the first is the attempt to detect smuggled goods; the second is the identification of non-smuggled imported goods which are counterfeit or past expiration date with official documents about to enter the country. In this regard, the present paper attempts to combine practical experiences and reference to relevant examples with the assistance of a library-based descriptive-analytical methodology to express the outcome of its diagnostic approach in the form of requisite strategies. Finally, it can be concluded that, despite all the positive efforts that have been made in the field of preventive measures against the beneficiaries of imported goods that threaten the health of consumers, solutions such as enhancing multilateral domestic and transnational cooperation related to seizure, identification, authentication and cooperation with the health-related agencies and the utilization of relevant inspectors, will increase its efficiency. Technological measures such as intelligent risk management and the inspiration of the practical approaches of the World Customs Organization and the designed global networks provide the basis for identifying counterfeit and harmful goods. In addition, the use of international commodity codes and the training to relevant players and iclusion in domestic Customs system adds to the preventive effectiveness of Customs.

Drug polymorphs are defined as a different arrangement of the same active compounds in crystalline form, which can potentially affect its therapeutic activity by changing the dissolution profile of drug upon administration. Discovery of new polymorphs therefore can provide added value for a previously marketed drug, due to the new advantages provided by the novel polymorph. Therefore, there is an extensive ongoing investigation to find and patent new polymorphs among pharmaceutical companies, which highlights the importance of secondary patenting regulations. In this article, the patenting regulations in the US regarding the secondary patenting are investigated. It is generally accepted that finding new polymorph possesses general requirements for intellectual property right registration. Two methods have been used for this study including library search and field investigation. Firstly the basic knowledge about polymorphism is noted and the views of supporters and opponents are discussed. Then the status of polymorph patenting in the Iranian and the US regulation are explained. Finally a few proposals are presented for regulatory bodies.

Today, programs related to "Control of Pharmaceuticals Supply Chain" have become essential and severe punishment has been anticipated to protect these programs. The experience of industrialized countries and leading countries in the field of medicine suggests that the "optimal supply chain control system" is a system based on intelligent logistic design and control so that the transparency of all processes of supplying, producing, importing, distributing, supplying, buying and selling, Storage and transportation can be guaranteed In this control system, there is no chance for "internal violation" (violation of internal rules) or "off-site abuse" (out-of-system activity). Today, both types of violations, along with a series of impediments (aimed at reducing the vulnerability of intelligent systems and reducing the risky activities), are subject to criminalization by the criminal justice system. Of course, safeguarding the Pharmaceuticals Supply Chain control system and ensuring its efficiency depends on the proper functioning of the judiciary, police and government agencies in the field of Pharmaceuticals. In this paper, which is a descriptive-analytical research and more precisely used in the "Case and Field Study Research Method", with the aim of improving the performance of the Iranian criminal justice system in Control of Pharmaceuticals Supply Chain, After explaining the research topic and defining key concepts, we explain the elements of supply chain management. Then, we describe the barriers to the development of egovernment in the field of pharmaceuticals and after describing the current status of criminal interventions in drug supply chain control, the pathology of criminal penal interventions in drug supply chain control in Iran is discussed. Finally, a new and appropriate model is proposed for reconstructing the criminal justice system approach in this area. Examination of the Iranian legislators' criminal interventions in the Pharmaceuticals supply chain shows that there are many gaps, so that in practice the main goals of the legislator in establishing the Pharmaceuticals supply chain control system have not been met.

In the social model, disability is a type of phenomenon stemming from the socio-political structure that results from social approaches, the way of thinking, and the physical environment of individuals. In the medical model, it is based on the separation of persons with disabilities from the capable or capable society, and in the civil rights model, in addition to the social approaches, the emphasis is on the concept of right, and thus bringing the concept of disability closer to other elements known as human identity elements. The present research is a documentary and library research method and compares the tourism status available for disabled people between two adoptive adopters of Isfahan and Barcelona by examining six valid international documents and twenty three scientific-research articles. The results show that in comparison to the two metropolises of Isfahan and Barcelona, the metropolis of Isfahan, despite its high tourism potentials and capacities, has not achieved much success in becoming a "accessible city for all" The most important issue compared to the city of Barcelona is the inadequate tourism infrastructure for disabled people. Considering that the most important factors and criteria for Spain's success in leading tourism projects have been made available and with a socio-legal and medical approach, the present study concluded that laws and policies, availability of facilities and equipment, hospitals, accessibility Information, terminals, transport stations, accommodations, historical and tourist sites and buildings have been the focus of much attention by Barcelona's urban managers. Barcelona has taken fundamental steps to achieve public access, which can serve as a model for achieving the transformation of Esfahan into a publicly accessible city.

Transfusion medicine, which involves taking blood from the donor to the stage after the blood transfusion to the recipient and the subsequent care of him/her, is presented as one of the most innovative ways in modern medicine in the world and with the new dimensions of its therapeutic and therapeutic applications, are faced with ambiguity, overview and morelegal and ethical gaps in this field. One of the most important challenges is the value of blood transfusion services by the blood transfusion organization as the sole competent authority for the procurement, production, and distribution of blood in Iran, due to the prohibition of the purchase and sale of blood and especially its relevance to the issue of human dignity has been studied by lawyers and jurists, therefore, the approach of different countries to supply the blood and blood products due to the lack of and the need for safety and blood safety are different and different dimensions of blood donation, especially the ethical dimension, are in conflict between lawyers and jurists due to the profitability and consequently its value and the effects of blood transfusion medicine on the lack of preparation, production, distribution and transfusion of healthy blood, along with adherence to the standards for blood transfusion. Has taken On the other hand, the need for compensation and management of blood and blood products deficiency by the blood transfusion organization as the sole competent authority for the procurement, production and distribution of blood in the country is to provide safe and safe blood transfusion services due to the huge cost of these services Due to the huge cost of these services as well as the necessity of managing the production, supply and distribution of healthy blood, the evaluation for these services are justified by reference to public order and legitimacy based on necessity, provided that these services are firstly insured, and secondly, Valuing these services is not a pretext for commodity and blood trade and its products.

Background and aim: Today, the topic of Euthanasia and one of its variants, it means assisted suicide, has caused a lot of controversy in the legal circles of the world. Assisted suicide is used as a way to end the natural life of incurable patients. This article seeks to investigate the ethical effects of assisted suicide by a consequentialist approach in Iranian law. Method: This article that using a descriptive-analytical approach and relying on documentary and library sources, has focused on the issue of assisted suicide from the moral point of view and especially from the viewpoint of the Holy Qur'an, traditions and Islamists. Results: The most important findings of the present study are the disagreement of assisted suicide From Islamic perspective and assisted suicide in the West. One of the most important effects of assisted suicide acceptance is a clear violation of religious rules and social rights of patients and olds. Conclusion: Acceptance of assisted suicide can promote nonresponsibility between medical community and the prevalence the mistrust in the community. Also the opportunistic view of Islamic law towards patients also takes its place to a threatening one, that Instead of caring of uncured patients, they are released into various forms of society and also it destroys suicide ugly.