Conceptual Coordinates of (Mother's Threat and Danger of Life) in Therapeutic Abortion Laws (Single Article Correspondence of Therapeutic Abortion 1384 and the Article Note 718)

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Zargarian Taha; Sadegh Pour Mohammad Jafar; Khazaei Meysam

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Journal Paper

Paper Information

Journal: JOURNAL OF WOMAN AND FAMILY STUDIES Year:2021 | Volume:8 | Issue:4 (19) Page(s): 1-20

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Information Journal Paper

Title

Conceptual Coordinates of (Mother's Threat and Danger of Life) in Therapeutic Abortion Laws (Single Article Correspondence of Therapeutic Abortion 1384 and the Article Note 718)

Author(s)

Zargarian Taha | Sadegh Pour Mohammad Jafar | Khazaei Meysam | Issue Writer Certificate

Keywords

Mother

Therapeutic Abortion

Danger of Life

Threat of Life

Benefits

Abstract

Legislator with the legislation of the single article of Therapeutic Abortion 1384 and also the article note718 to a large extent, can change the conflict of votes regarding the abortion license to the unity of the vote. However, the literature of these two articles and their correspondence with each other has led to an ambiguous reading for medical and judicial experts. To the point that the concept of the abrogation of the single article 84 is strengthened by Article 718. The first ambiguity is the mention of the words "threat" and "danger" in the legal materials. Article 84 states that if the Mother is threatened with death, it is possible to abort the fetus by considering some conditions. The article note718 issues the same license with the phrase "a danger to Mother’ s life". Why does the legislator have two different interpretations? Do any of the words "threat" and "danger" indicate a particular issue that the legislature has deliberately mentioned? The second ambiguity is about the possibility of developing the concept of a condition of threat or danger to life; Is the legislator's purpose of the condition of " threat or danger to life" exclusive to death or does it include the failure and loss of organs? This paper adopts descriptive-analytical method based on medical and jurisprudential data and concludes that there is a substantial difference between the words "threat" and "danger" in the legislative language. This difference prevents the abrogation of article note 84. It can also be concluded that in the case of the possibility of developing the concept of danger to life to the deterioration of organs and Benefits, there should be a difference between before and after the soul is blown.

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APA: Copy

Zargarian, Taha, Sadegh Pour, Mohammad Jafar, & Khazaei, Meysam. (2021). Conceptual Coordinates of (Mother's Threat and Danger of Life) in Therapeutic Abortion Laws (Single Article Correspondence of Therapeutic Abortion 1384 and the Article Note 718). JOURNAL OF WOMAN AND FAMILY STUDIES, 8(4 (19) ), 1-20. SID. https://sid.ir/paper/960421/en

Vancouver: Copy

Zargarian Taha, Sadegh Pour Mohammad Jafar, Khazaei Meysam. Conceptual Coordinates of (Mother's Threat and Danger of Life) in Therapeutic Abortion Laws (Single Article Correspondence of Therapeutic Abortion 1384 and the Article Note 718). JOURNAL OF WOMAN AND FAMILY STUDIES[Internet]. 2021;8(4 (19) ):1-20. Available from: https://sid.ir/paper/960421/en

IEEE: Copy

Taha Zargarian, Mohammad Jafar Sadegh Pour, and Meysam Khazaei, “Conceptual Coordinates of (Mother's Threat and Danger of Life) in Therapeutic Abortion Laws (Single Article Correspondence of Therapeutic Abortion 1384 and the Article Note 718),” JOURNAL OF WOMAN AND FAMILY STUDIES, vol. 8, no. 4 (19) , pp. 1–20, 2021, [Online]. Available: https://sid.ir/paper/960421/en

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