Law and Forensic Medicine
Abdul Hassan Kazemi; Ali Eslamifar; Mohsen Saberi Isfeedvajani
Abstract
Background and Objective: One of the stages of approval a drug or treatment method as a standard product or method in legal centers is clinical trial involving human samples. Since the efficacy of the tested drugs and treatments have not been proven yet, individual participating in these trials face ...
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Background and Objective: One of the stages of approval a drug or treatment method as a standard product or method in legal centers is clinical trial involving human samples. Since the efficacy of the tested drugs and treatments have not been proven yet, individual participating in these trials face inherent risks. therefore, ethics and law demand the protection for these people and the prevention of risks and the compensation for damages resulting from adverse events.Methods: In this article, the ethical and legal issues of therapeutic and non-therapeutic clinical trials are investigated and the model of the best method for conducting clinical trials from an ethical perspective is presented.Results: Biomedical researches are conducted in different methods and clinical trials on human samples face the most ethical and legal issues and challenges. Among the most important challenges are unacceptable risks to the participants, obtaining informed consent, especially for individuals without mental capacity and children, negligence and negligence of researchers and compensation for possible damages to the participants.Conclusion: By modeling to the regulations related to clinical trials on human samples in EU member countries, including England, not only the right to freedom and individual independence of humans is respected; Rather, the lives and health of the participants are also safegaurded. This dual focus is also emphasized in Islamic jurisprudence. The legal issues of the use of specific populations such as prisoners, children, patients and cognitively impaired adults has not escaped the attention of legislators in leading countries.
Law and Forensic Medicine
Mohammad Reza Elahimanesh; Javad Alizadeh
Abstract
Background and Objective: Euthanasia is one of the most controversial issues in bioethics and an important topic in health law, which can be studied from its various ethical, legal, and jurisprudential dimensions. Since the teachings and sources of Islamic jurisprudence form the foundation of the legal ...
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Background and Objective: Euthanasia is one of the most controversial issues in bioethics and an important topic in health law, which can be studied from its various ethical, legal, and jurisprudential dimensions. Since the teachings and sources of Islamic jurisprudence form the foundation of the legal structure our country, strengthening the jurisprudential aspect can greatly help strengthen the legal and regulatory aspects of this issue. Methods: In this article, the views of some prominent Shiite jurists are expressed, and the interpretation and analysis of euthanasia rulings and laws are examined by reviewing verses, narrations, and international laws.Findings: In Iran, the legal vacuum regarding euthanasia is quite noticeable, and since Shiite jurisprudence forms the foundation of our country's legal structure, it is essential for respected jurists, lawyers, and legislators to engage in further discussion and exchange of views on this issue to pave the way for eliminating this legal vacuum and achieving explicit laws in this regard.Conclusion: The study of euthanasia from the perspective of its mandatory ruling (permissibility or non-permissibility) and its conditional ruling (right of retribution and blood money) is among the topics addressed in this article, which is accompanied by jurisprudential and philosophical justification and interpretation. In addition, the ruling of Article 206 of the Islamic Penal Code has also been carefully examined in this regard. Finally, while presenting the views of Shiite scholars on various aspects of euthanasia, a general conclusion is presented, which is hoped to be a step towards clarifying the issue and explaining jurisprudential rulings and laws, considering current conditions. Euthanasia should be further examined from legal, ethical, and jurisprudential perspectives, and attention should be paid to the human aspect, pain caused by the disease, the costs of patient care, and the right to human freedom, and decisions should be made based on these.
