The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Obstacles and challenges of protecting the right to health in Iran's legal system

Document Type : Original Article

Authors
jamileh jafarianasl 1
ali Hajipour Kondroud 2
arkan sharifi 3
1 PhD Student, Department of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
2 Assistant Professor, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran.
3 Assistant Professor, Department of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
10.22034/mral.2022.562064.1381
Abstract
The right to have the highest attainable standards of health is one of the most important human rights, which is recognized as one of the fundamental rights in the international human rights system. However, in Iranian law, the implementation of this right, like some other rights, is faced with obstacles and legal challenges, and obviously, achieving an optimal health system will require identifying and removing these obstacles in the first place. Based on this, in the following article, the main question has been answered by a descriptive-analytical method and citing library sources, what are the main obstacles and legal challenges of the right to health in Iranian law? The purpose of the current research is to identify the obstacles facing the discussed field in order to remove the aforementioned obstacles and achieve a more favorable legal system in this field. The findings of the research show the fact that not paying attention to the precise and standard meaning and concept of the right to health as well as various factors affecting it in the relevant laws of the country, not solving the problem of conflict of interests, weakness in the legal supervision system and weakness in guaranteeing the implementation of existing laws. In addition, some other legal loopholes are among the most important legal obstacles and challenges facing the right to health, as a result of removing these obstacles, amending existing laws and policies in this field is one of the main requirements of the country's legislative system.

Highlights

Sources

  1. A) Persian books

Ediani, Seyed Morteza, Ashafi, Ehsane, Ebrahimzadeh, Popek, Kihani, Parvaneh, Mohseni, Anoushirvan and Hamidreza Nikukhoi, Providing resources in the health system, Tehran: Amareh Publishing, 1392, 89

Eslami Tabar, Shahriar, Fundamentals of Health Law, Tehran: Majd, 2015, p. 83

Alwani, Seyyed Mehdi, Public Management, Tehran: Nashrani, 1378, p. 377

Anand, Sudhir, Fabian Peter and Amartiasen, Justice and ethics in health, translated by Mehdi Riahi Fard with the cooperation of Irvan Masoudi Asl and Ali Akhwan Behbahani, Tehran: Islamic Council Research Center, p. 218

Jannati, Ali and Hossein Jabari Bairami, Leveling of services in the health system, Tabriz: Shervin Publications, 2011, p. 76

Seyed Mousavi, Mirsjad, The right to enjoy health (an analysis of the humanitarian obligations of governments in the field of health), Tabriz: Shervin Medical Publications, 2013, p. 158

Laughlin, Martin, translated by Mohammad Rasakh. Basics of public law, Tehran: Ney Publishing, 2019, p. 122

Najafi, Behzad, Laws of International Organizations, World Health Organization (WHO) and Health Laws, Tehran: Mezan Publishing House, first edition, 1382, p. 62

  1. b) Persian articles

Ebrahim Gol, Alireza, Roshan Fekar, Parisa, Tabatabai Lotfi, Seyed Ahmed. Human rights and the fight against infectious diseases in the international arena: necessities and challenges. Tehran University Public Law Studies Quarterly, Spring 1400, No. 51, pp. 277-297.

Araei, Vahid, Abolfazl Ghasemi and Yaser Moinifar, policy recommendations of obstacles to the realization of good governance in the administration of public affairs (case study: governorship and municipality of Minodasht city), Strategic Studies of Public Policy Quarterly, Winter 2016, Year 7, Number 25, p. 113-133

Asgharnia, Morteza. Challenges and requirements of governments in setting regulations in the field of health, scientific research journal of medical law, summer 2015, number 37, pp. 35-57.

Aminzadeh, Elham. Legal dimensions of the international responsibility of governments and the World Health Organization regarding the right to health in the conditions of widespread diseases and international sanctions. Scientific Research Journal of Medical Law. Summer 1400, 15 (56), pp. 725-740

Bagheri Hamed Youssef, Zakarian Amiri Mehdi, Beluri Peyman, Hermidas Bavand Daoud. The right to health and public health from the perspective of fundamental human rights with an emphasis on UNESCO's 2030 document, scientific research journal of medical law. Spring 2017, No. 56, pp. 177-205

Hassanzadeh Gudrat Elah, the right to health from the point of view of international treaties with an emphasis on the disease of Covid-19. Scientific Research Journal of Medical Law, Winter 1400, No. (56), pp. 846-833

Khomernia Mohammad, Mustafa Link, Fatemeh Sotoudehzadeh. Intensification of health challenges in low-income provinces: the impact of the Corona pandemic. Journal of Jiroft University of Medical Sciences. Autumn 1400, Year 8, Number 1, 544-543

Demari Behzad Challenges and solutions for the development of the country's health sector, from the point of view of health vice-chancellors of universities of medical sciences and heads of provincial health centers. Journal of the Faculty of Health and Health Research Institute. Summer 2014, No. 13, pp. 1-16

Abbasi Mahmoud, Rezaei Rahale, Dehghani Ghazaleh. The concept and position of the right to health in Iran's legal system, scientific research journal of medical law, 2014, year 8, number 30, pp. 183-199

Mardali Mohsen, Nasiripour Amir Ashkan, Masoudi Asl Yerevan, Abedi Jafari Hassan. Model for assessing the corruption of Iran's healthcare system. Scientific Research Journal of Medical Law. Winter 2016, year 11, number 43, pp. 127-146

Motaghi, Samira, Anahita Seifi and Majid Darodian, the nature of the right to health and the role of the state in its realization", Research Journal of Islamic Law, Fall 2016, Year 18, Number 2, pp. 148-123

Yazdi Faizabadi, Vahid. Saif al-Dini, Rostam. Kandi, Marjan. Mehr al-Hosni, Mohammad Hossein, Defining health from the perspective of the World Health Organization: a brief review of criticisms and the necessity of a paradigm shift, Iranian Journal of Epidemiology; Spring 2016, Volume 13, Number 5, pp. 108-119

Kamali, Yahya. Administrative health in Iran, harms and solutions, Journal of Research Report of the General Inspection Organization of the country, Azar 2019, third year, number 27, pp. 12-41

Keywords
right to health
macro policies
laws
barriers and challenges
Subjects

  1. Sources

    1. A) Persian books

    Ediani, Seyed Morteza, Ashafi, Ehsane, Ebrahimzadeh, Popek, Kihani, Parvaneh, Mohseni, Anoushirvan and Hamidreza Nikukhoi, Providing resources in the health system, Tehran: Amareh Publishing, 1392, 89

    Eslami Tabar, Shahriar, Fundamentals of Health Law, Tehran: Majd, 2015, p. 83

    Alwani, Seyyed Mehdi, Public Management, Tehran: Nashrani, 1378, p. 377

    Anand, Sudhir, Fabian Peter and Amartiasen, Justice and ethics in health, translated by Mehdi Riahi Fard with the cooperation of Irvan Masoudi Asl and Ali Akhwan Behbahani, Tehran: Islamic Council Research Center, p. 218

    Jannati, Ali and Hossein Jabari Bairami, Leveling of services in the health system, Tabriz: Shervin Publications, 2011, p. 76

    Seyed Mousavi, Mirsjad, The right to enjoy health (an analysis of the humanitarian obligations of governments in the field of health), Tabriz: Shervin Medical Publications, 2013, p. 158

    Laughlin, Martin, translated by Mohammad Rasakh. Basics of public law, Tehran: Ney Publishing, 2019, p. 122

    Najafi, Behzad, Laws of International Organizations, World Health Organization (WHO) and Health Laws, Tehran: Mezan Publishing House, first edition, 1382, p. 62

    1. b) Persian articles

    Ebrahim Gol, Alireza, Roshan Fekar, Parisa, Tabatabai Lotfi, Seyed Ahmed. Human rights and the fight against infectious diseases in the international arena: necessities and challenges. Tehran University Public Law Studies Quarterly, Spring 1400, No. 51, pp. 277-297.

    Araei, Vahid, Abolfazl Ghasemi and Yaser Moinifar, policy recommendations of obstacles to the realization of good governance in the administration of public affairs (case study: governorship and municipality of Minodasht city), Strategic Studies of Public Policy Quarterly, Winter 2016, Year 7, Number 25, p. 113-133

    Asgharnia, Morteza. Challenges and requirements of governments in setting regulations in the field of health, scientific research journal of medical law, summer 2015, number 37, pp. 35-57.

    Aminzadeh, Elham. Legal dimensions of the international responsibility of governments and the World Health Organization regarding the right to health in the conditions of widespread diseases and international sanctions. Scientific Research Journal of Medical Law. Summer 1400, 15 (56), pp. 725-740

    Bagheri Hamed Youssef, Zakarian Amiri Mehdi, Beluri Peyman, Hermidas Bavand Daoud. The right to health and public health from the perspective of fundamental human rights with an emphasis on UNESCO's 2030 document, scientific research journal of medical law. Spring 2017, No. 56, pp. 177-205

    Hassanzadeh Gudrat Elah, the right to health from the point of view of international treaties with an emphasis on the disease of Covid-19. Scientific Research Journal of Medical Law, Winter 1400, No. (56), pp. 846-833

    Khomernia Mohammad, Mustafa Link, Fatemeh Sotoudehzadeh. Intensification of health challenges in low-income provinces: the impact of the Corona pandemic. Journal of Jiroft University of Medical Sciences. Autumn 1400, Year 8, Number 1, 544-543

    Demari Behzad Challenges and solutions for the development of the country's health sector, from the point of view of health vice-chancellors of universities of medical sciences and heads of provincial health centers. Journal of the Faculty of Health and Health Research Institute. Summer 2014, No. 13, pp. 1-16

    Abbasi Mahmoud, Rezaei Rahale, Dehghani Ghazaleh. The concept and position of the right to health in Iran's legal system, scientific research journal of medical law, 2014, year 8, number 30, pp. 183-199

    Mardali Mohsen, Nasiripour Amir Ashkan, Masoudi Asl Yerevan, Abedi Jafari Hassan. Model for assessing the corruption of Iran's healthcare system. Scientific Research Journal of Medical Law. Winter 2016, year 11, number 43, pp. 127-146

    Motaghi, Samira, Anahita Seifi and Majid Darodian, the nature of the right to health and the role of the state in its realization", Research Journal of Islamic Law, Fall 2016, Year 18, Number 2, pp. 148-123

    Yazdi Faizabadi, Vahid. Saif al-Dini, Rostam. Kandi, Marjan. Mehr al-Hosni, Mohammad Hossein, Defining health from the perspective of the World Health Organization: a brief review of criticisms and the necessity of a paradigm shift, Iranian Journal of Epidemiology; Spring 2016, Volume 13, Number 5, pp. 108-119

    Kamali, Yahya. Administrative health in Iran, harms and solutions, Journal of Research Report of the General Inspection Organization of the country, Azar 2019, third year, number 27, pp. 12-41

The Journal of Modern Research on Administrative Law
Volume 5, Issue 16 - Serial Number 16
Fifth year, 16th issue, ّ Fall 2023
Summer 2023
Pages 135-160

  • Receive Date 13 September 2022
  • Revise Date 07 October 2022
  • Accept Date 16 October 2022