PREMARITAL HEALTH CERTIFICATION IN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS, WITH AN EMPHASIS ON CHILDREN'S RIGHTS

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GHADIRI M.; NIKKAR CHENIJANI T.

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Journal: Journal of Family Research Year:2018 | Volume:14 | Issue:53 Page(s): 113-133

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Information Journal Paper

Title

PREMARITAL HEALTH CERTIFICATION IN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS, WITH AN EMPHASIS ON CHILDREN'S RIGHTS

Author(s)

GHADIRI M. | NIKKAR CHENIJANI T. | Issue Writer Certificate

Keywords

RIGHT TO MARRY AND FOUND A FAMILYQ1

RIGHT TO HEALTHQ1

PREMARITAL TESTSQ1

BEST INTERESTS OF THE CHILDQ1

Abstract

The right to marry and start a family is the indisputable right of every human being.Reproduction and childbearing is one of the main motivations for marriage, especially in our country. One of the main concerns about the marriage of persons with contagious and dangerous diseases is the possibility of transmitting the disease by reproduction and concerns for the future of the child. It seems that the Iranian legislature intended to address this issue in 2013. According to Article 23 of the Family Protection Law, couples are obligated to receive a health certificate clearing them of drug addiction and dangerous and contagious diseases before they conclude a marriage contract.addition, any of the couples suffering from an infectious or dangerous disease must be monitored and supervised, and in cases where there is a risk of damage to the fetus, such care and supervision should also include the prevention of their reproduction.This note addresses the claims that this provision entails sterilization, contrary to the state’s obligation of minimal intervention in legitimate individual freedoms. The question is what should be done in the conflict between the right of (sick) persons to marry and start a family, and the government's commitment to maintaining public health and the protection of the rights of the future child.How should these rights be balanced? The purpose of this article is to examine the conflict between these rights from the perspective of international human rights instruments through a descriptive-analytical method. According to the research findings, not only there is a serious ambiguity in the manner of the implementation of this regulation, there is also no sanction for the violation of the provision.The recommended approach is to minimize state intervention in the rights of individuals while prioritizing the best interests of the future child by providing free medical services, counseling in advance of marriage, and raising awareness of couples through education.

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APA: Copy

GHADIRI, M., & NIKKAR CHENIJANI, T.. (2018). PREMARITAL HEALTH CERTIFICATION IN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS, WITH AN EMPHASIS ON CHILDREN'S RIGHTS. JOURNAL OF FAMILY RESEARCH, 14(53 ), 113-133. SID. https://sid.ir/paper/122415/en

Vancouver: Copy

GHADIRI M., NIKKAR CHENIJANI T.. PREMARITAL HEALTH CERTIFICATION IN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS, WITH AN EMPHASIS ON CHILDREN'S RIGHTS. JOURNAL OF FAMILY RESEARCH[Internet]. 2018;14(53 ):113-133. Available from: https://sid.ir/paper/122415/en

IEEE: Copy

M. GHADIRI, and T. NIKKAR CHENIJANI, “PREMARITAL HEALTH CERTIFICATION IN INTERNATIONAL HUMAN RIGHTS INSTRUMENTS, WITH AN EMPHASIS ON CHILDREN'S RIGHTS,” JOURNAL OF FAMILY RESEARCH, vol. 14, no. 53 , pp. 113–133, 2018, [Online]. Available: https://sid.ir/paper/122415/en

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