Smart University of Medical Sciences
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Journal of Law and Health Studies (J Law Health Stud)

Semiannual Journal of Law and Health Studies

The JOURNAL OF LAW AND HEALTH STUDIES (JLHS), is an Open Access journal and publishes original research papers, reviews, case reports, short communications/brief original article, and letters to the editor with priority for high-quality original papers. In general, there are four main areas for Law and health studies.

 

About the Bi-quarterly Journal of Law and Health

The scientific Bi-quarterly journal reviewed of law and health got licensed in 2023 and is a research and study Mega journal in the legal issues of services and goods of the health system. Its electronic and paper printing is under the supervision of the "Policymaking Council" and the "Editorial Board" in twelve main areas, and the articles submitted to this journal by researchers of various universities inside and outside the country, as well as other researchers and industrialists, are received and will be reviewed bilaterally and anonymously and finally published. This Bi-quarter journal enters the legal fields related to different dimensions of health and examines the challenges of different areas of the market of health goods and services in the society from a legal perspective. Planning, research, training, policymaking and therapeutic intervention by health care professionals with legal approaches can lead to the improvement of society's health. The interdisciplinary areas of law and health, in 2 scope and 17 subjects, as described below, will have the possibility of appearing in this scientific journal. Which their components are summarized as follow:

About the Law and Health and related Fields

Health Law is a vast interdisciplinary field, which by combining the science of law and various Health Sciences through Policymaking, Legislation, management and regulation and ensures the health of society, and draws, examines, manages and supervises the road map of the legal program of society's health from the perspective of social and applied sciences. Furthermore, social sciences by supporting education and acquiring skills through the management and legal supervision of health in the context of religion, ethics, economy and so on. It has permeated in the practical areas of lawyers' services and in various aspects of Health Law including the environment, new technologies, Artificial Intelligence and etc. and provided legal and specialized solutions to solve the problems caused by the challenges of different areas of the market of goods and health services in the society. Therefore, considering the importance of Health Law in planning, research, education, policy making, management and supervision of therapeutic intervention by health care professionals with legal approaches, it can be a significant factor in promoting the health of society and educational justice. It should be noted that the method of dividing Law and Health according to the existing patterns with the aim of better benefiting from all legal and regulatory aspects in two Humanities and Social Sciences / Applied and Allied Sciences Scopes, preventing fragmentation and focusing on the overlapping and commonalities of the axes. And it has been prevented from repeating topics and focusing on topics; Based on this, the classification of axes does not only mean their applied or social aspects. Therefore, other researchers may have different opinions on the type of classification, which is respectable, and any suggestion or criticism to revise the main and sub-themes will be considered.

With regard to the aforementioned, based on the breadth of specialized sciences and using the knowledge of researchers and experts in the fields of policy and supervision, and following the example of the famous universities of the world and existing disciplines in the field of Health Law, with a new and pervasive perspective, related fields have been formulated to cover the existing gaps. Based on the existing experiences, the field of Health Law is divided into 17 sub-jects as follows:

A- Humanity and Social Sciences of Health:

Considering the importance, role and necessity of social issues and paying attention to sociological issues in promoting and improving the quality of life and health of people as social capital, and paying attention to social developments and the way of governance, policy making and economy that affect people's social, mental and physical health of society, the basis of social sciences related to health rights can be subdivided in 7 basic fields as follows:

1- Health Sciences Law and Education: This field studies the legal aspects of education and training, taking into account justice in legal, managerial, policy-making, and supervisory issues of educational centers, specialists, users and beneficiaries of education in health sciences and it deals with how to assess and evaluate the above areas.

2- Law, Sociology and Political Science in Health: This field studies different dimensions of research in political science, sociology and humanities and its role from a legal perspective in the health of the society.
3- Law, Religion and Spirituality in Health: This area examines the legal aspects and the link between spirituality, religion and health as well as their legal aspects. In fact, paying attention to these issues is a prerequisite and guaranteeing a healthy life. Taking into account the synergistic and mutual effect of spiritual health and the impact of legal issues on it has a significant role in the mental and physical health of the society, without which other aspects such as biological, psychological and social cannot have a favorable performance at the level of the quality of human life.

4- Public Health Law: This broad area studies health problems in Vulnerable Populations, including Women, Children, and the Elderly.

5- The Right to Health and Bioethics: By examining the dimensions of the Right to Health, this field deals with regulating and implementing the duties, obligations and responsibilities of health care professionals and workers before, during and even post-death in patient care.

6- Economic, Financial and Health Policy Law: This field studies the legal aspects of the economy as the foundation of health development and promotion and by organizing and conducting scientific and sound regulatory and management in the financial and economic foundations of health related organizations, the way of financial management, paying attention to the allocation of taxes to the health domain and compensation by insurers organizations, so that it can eliminate many challenges and obstacles and help the transparent space and away from corruption in the realization of justice in health, and on the other hand with the right role of health.

7- Occupational Health and Environmental Law: This field considers the legal aspects of health and safety of the workforce with the approach of human capital and focuses on strengthening the legal foundations to defend the right to health of the workforce. Furthermore, environment and ecosystem as a place of human life and supporter of human should be regulated and supported by experts of international law and legal issues to provide more context for its preservation.

 

B- Allied and applied health sciences:

Management, regulation, and policymaking in applied sciences of health are among the important topics in order to improve the quality of society's health. Therefore, legal issues of applied health sciences can be described in 10 sub-fields, which are studied as follow:

1- Law of new Health Technologies: This field includes, while studying the legal dimensions of new technologies in health, the risk assessment, safety, inspection and monitoring, product recalling or collection, labeling, toxicity effects, and the release of microorganisms. Deformed and genetic editing in the field of biotechnology, nanotechnology, tissue engineering and so on.

2- Digital Health and Law: This field studies the legal and ethical aspects of the application and processing of information in computer and electronic systems, managing health information and electronic health records, improving the protection and access to personal data while respecting confidentiality, as well as reducing errors in collecting information, creating a database in medical sciences.

3- Law and Application of Artificial Intelligence in Health: This area examines ethical requirements, including the relationship between specialists and patients, equal access and legal requirements for collaborative responsibility, informed consent, privacy and confidentiality, and intellectual property rights, justice and fairness, equality , it focuses on transparency, non-discrimination and public trust, as well as regulation of the activity of artificial intelligence in diagnosis and robots in the field of health. It should be noted that this field has an effective and close relationship with the topic of digital health.

4- Forensic Sciences in Health: This field studies the common legal aspects in the presence of a crime scene and the diagnosis of the cause of death, the identity of the deceased, the time of death, the severity and form of injuries or serious physical and mental injuries. It plays its role in the most important parts of criminal sciences and in many criminal lawsuits such as murder, sexual assault, rape and molecular and biological identification of the accused or the compounds in the blood, with the presence of the criminal medicine team, criminal toxicology, criminal chemistry, criminal psychiatry and criminal pathology.

5- Entrepreneurial and Health tourism Law: This field focuses on the legal issues related to international travel and health and religious tourism and the necessity and inevitability of access to medical information and services in the era of the global village as an issue. It is important for the national health care and the global health systems, and it pays attention to the legal issues of entrepreneurship in the field of health, and by creating appropriate policy and legal mechanisms, it provides reliable conditions for entering health tourists.

6- Law and Food and Agriculture Industries: This area studies the legal aspects of guaranteeing the quality of food products and medicinal plants in order to help the health system and realize justice in health and provide healthy food for the members of the society. Paying attention to agricultural sciences, nutrition, chemistry, physics, physiology, microbiology and biochemistry in all stages of production of food and agricultural products is of great importance, and this field also deals with the law of modern technologies in the way of using, controlling and releasing transgenic plants and regulating them.

7- Mental Health Law and Behavioral Sciences: This field studies the legal aspects of human mental health in spiritual, mental and social aspects and with the aim of mental management and it takes into account the improvement of behavior and physical health and the ways to achieve health in all human dimensions.

8- Law, Healthcare and Prevention: this field studies the legal aspects of the health care system and prevention of diseases, challenges and related problems in the society and the omission of the duties of individuals and the administrators of the health care system.

9- Healthcare Law: This field studies the legal dimensions of reducing the effectiveness and efficiency of treatment methods in order to remove obstacles through the implementation of laws and regulations with the aim of realizing good governance in the health system. The necessity of systematizing family health programs and paying attention to chronic and infectious diseases, as well as the holistic approach and using the capabilities of modern medicine along with traditional and integrated medicine are studied in this section.

10- Pharmaceutical and Cosmetic Law: This field is studying the legal aspects of the right to health, especially in access to medicine as one of the most important and fundamental rights of every human being. Effective study and research in the field of implementing the pharmaceutical laws and regulations can play an important role in improving the health of the public and help the officials to plan to protect the public health in the society from the harm caused by drug shortages.

 

 

               Publons

 

Review Article
An Overview Of Health Law

Shahriar eslamitabar

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  This study seeks to utilize both national and international experiences and explores evolution of health law as an emerging academic field. The right to health is one of the components of human rights, the realization of which is considered necessary for the fulfillment of other human rights and intricately ...  Read More

Original Article
Monitoring Health Goods and Services: An Examining of a practical Model for Iran

Hedayat Hosseini; Hassan Kakui; Yaser Zandishafag; Iman Mahdavian

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Goods and services represent the two primary outputs of industry and economy, and ensuring their quality, safety and efficiency requires monitoring the production and supply processes. Given the critical importance of the health sector, this monitoring must be carried out accurately ...  Read More

Original Article
Judicial and Quasi-Judicial Proceedings for Violation of The Right to Health: Considerations for the Iranian Legislators

Asghar Arabian; Mohammadreza Alipour; Maryam Haidari

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Health is known as one of the main pillars of development and one of human rights. Therefore, governments are obliged to realize the right to health of their citizens. Judicial and quasi-judicial mechanisms sieve as important avenves for individual to pursue this right, and ...  Read More

Original Article
A Perspective on the Impact of Sanctions on the Health Rights to Health of Iranian People Compared to the Past

Ansieh Zarenejad; Fatemeh Anvar; Maryam Haji

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Since the beginning of the 1990s, economic sanctions have been increasingly used by major powers in the western block in order to achieve international political goals. Over the years, economic sanctions have caused violations of the right to health in the targeted countries. Methods: ...  Read More

Original Article
Research on Human Samples: From the Perspective of Bioethics

Abdul Hassan Kazemi; Ali Eslamifar; Mohsen Saberi Isfeedvajani

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

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 ...  Read More

Short communication
Regulation Of Complementary and Alternative Medicine (CAM) With Emphasis on Touch Therapy

Bahram Mofid; Mehdi Dostdary; Abbas Karimi Mojarad

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Industrial living conditions, the increase in the population of elderly people and the occurrence of chronic and incurable diseases have caused patients to use drugs and complementary and alternative medicine methods, including methods based on biofield or aura. These methods ...  Read More

Original Article
The Conformity of National and International Indicators of The Right to Health for Management and Policy Making

Abbas Vosoogh-Moghaddam; Seyed Sahand Eisapoor; Ahmad Fakori

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: In order to follow international policies related to the realization of the four dimension of human rights, including the right to health, governments have three obligations, commitment to respect, commitment to support, and commitment to implementation. Governments must take ...  Read More

Original Article
Access to Essential Medicines in Iran: Compliance with International Standards

Abbas Kebriaeezadeh; Vahideh Montazeri Najafabadi; Roya Ayazi-Nasrabadi

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: According to the right to health, one of the most basic human rights, all individual have the right to essential medicines. These medicines should be available to those in need at the appropriate time and at a reasonable cost. Methods: This article has been written using both ...  Read More

Original Article
Legal and Economic Instruments for Environmental Protection: Measures and Strategies

Jalil Maleki; Ehsan Lame; Farzad chghamirza; Najibeh Mirani

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Preserving the enviroment is essential for human life, and this required preventing pollution, misuse and exploitation. The purpose of this article is to review the framework of the legal system and the status of the statuse of global regulations related to environmental rights, ...  Read More

Original Article
Euthanasia: a legal, ethical and Shia jurisprudence perspective

Mohammad Reza Elahimanesh; Javad Alizadeh

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: "Euthanasia" is one of the most controversial issues "Bioethics" and a sibnificant topic in health law, with various ethical, legal and jurisprudential aspect to be studied. Since the teachings and sources of Islamic jurisprudence form the foundation of our country's, strengthening ...  Read More

Original Article
Criminal Acts of Electronic Health Records in the Leading Countries and Iran: A Comparative Study

Babak Sabet; Mahdi Saidian; Shirin Khalili

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: Today, with the extensive progress of information technology, its role in the health sector has become more important than ever before. However, these applications create new challenges for privacy. As a result, governments are trying to take various measures, including passing ...  Read More

Original Article
Artificial intelligence and its impact on health rights and health and medical services

Maryam Bahrkazemi; Amireza Mahmudi

Articles in Press, Accepted Manuscript, Available Online from 21 September 2024

Abstract
  Background and Objective: According to the ever-increasing advances in the field of artificial intelligence, this technology can have positive and negative effects on health rights and healthcare. Artificial intelligence may create challenges and gaps in the field of violation of patients' privacy, violation ...  Read More

Publisher:
Smart University of Medical Sciences

Director-in-Charge:
Dr. Shahriar Eslamitabar

Editor-in-Chief:
Dr. Babak Sabet

Associate Editor-in-Chief:
Dr. Seyed Sahand Eisapour

Editorial Manager:
Ehsun Lame

Executive Committee:
Dr. Roya Ayazi Nasrabadi Engr. Shirin Khalili

Manager:
Dr. Mahdi Saeedian

International Editorial Board:
Yaser Zandi Shafagh

Scientific Adviser:
Fatemeh Anvar

English Text Editor:
Nasrin Rozbahani Fatemeh Akrami

Website Manager:
Engr.salar zeynali


Frequency: Semiannual

Print ISSN: 2664-2778

Online ISSN: 2664-2779

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MeSH

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