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Introduction: Continuing control of mental health would be helper in decreasing health problems. So, each health system need to data for mental health promotion that WHO present the special instrument WHO-AIMS.Aim: This study was done for knowing with WHO-AIMS tool, health problems diagnosis in different countries and assessing mental health in Iran by WHO-AIMS.Material & Method: This study was done by systematic review. The key words were Mental Health Systems, and World Health Organization Assessment Instrument for Mental Health Systems in Iran and abroad. In Iran there was not article in introducing WHO-AIMS. But in the world 93 WHO reports and 10 research articles were found that introduced the WHO-AIMS, its usage problems and its applied for assessing mental health systems in different countries.Results: The findings showed that WHO-AIMS have consisted in 6 domains (policymaking, country program, law and budget for mental health, mental health services, mental health in PHC, manpower, health education and other section in mental health for example control and research), 28 sub-scale with 156 items. Also, the main and majority of mental health problems in different countries were no mental health law, low mental health budget, high costs for psychosocial intervention, unsuitable distribution of psychiatric hospitals, no collecting data, staff shortage, not enough educated personnel in mental health, lack of association for patients and their families, not enough mental health services and etc.Conclusion: WHO-AIMS instrument shows a clear picture of threats and opportunities of mental health systems in countries, so they would be improved their mental health systems and implemented their policy in mental health. This study resulted to knowing mental health managers and staff with this instrument and also, researchers drive to develop new tools for assessing mental health system.

Background and Aim: One of the main infrastructures of the right to life, which is one of the clear examples of human rights, is the right to health and hygiene, which is known as the basis for the realization of other generations of human rights at the world level. In this way, human health can affect the enjoyment of other rights and be affected by indifference and violation of other human rights standards. Methods: This research is theoretical and the research method is descriptive-analytical. The method of collecting information is library-based and it is done by referring to documents, books and articles. Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Results: The United Nations and the World Health Organization, as a general and specialized international organization, have been successful in many of their missions and goals in the field of human health, and in those subjects and areas where the goals or the World Health Organization have the opportunity to achieve or advance. Obstacles to the realization of these ideals should be looked for in poverty, illiteracy, unemployment, stagnation, corruption, discrimination and lack of democracy in some societies and countries. Conclusion: In order to overcome the problems ahead, the World Health Organization should gradually encourage the governments to interact and cooperate to improve the level of human health in order to achieve its high and humane goals faster. Please cite this article as: Aslani S, Seyed Mousavi MS, Hajipour Kondroud A. The Position of the Right to Health in the Constitution of the World Health Organization (WHO) and the Challenges of this Organization in Guaranteeing Health Rights. Medical Law Journal. 2023; 17(58): e10.

Health and human rights are two inseparable and interrelated elements, whose provision and assurance enhance welfare in any society. Definition of welfare, human rights, and health as indicators of welfare development is controversial which is done in accordance with different approaches and discourses. Although the WHO definition is currently the only definition of health agreed upon by the member states of the Organization, it has been subject to criticism by the international society. In general, the most important criticisms include ambiguity, ideality, limitlessness, lack of comprehensiveness, lack of weighting to aspects of health, being nonoperational, reductionism, and lack of a precise definition of the normal condition and disease. These criticisms would expose health systems to some challenges such as increased expectations of people, rapidly growing health expenditure, inconsistent expansion of technology-based systems, increased vulnerability to corruption, and equity and efficiency issues. Identifying and examining these criticisms can lead to a more informed decision to redefine health according to the favorable and context-sensitive discourse of the health doctrine in each country. This short review briefly describes the context and the most important criticisms of the WHO definition of health. Eventually, some policy suggestions are presented for redefining health according to Islamic-Iranian discourse.