Jurisprudence and Legal Fundamentals of Change in Sexuality

Davod Nojavan

Abstract

Change in sexuality is one of the important subjects that caused for founding new jurisprudence and legal subjects. Among these subjects, we can refer to permit or non permit for doing this and its further relevant jurisprudence and legal effects. In the present article, we want to considered these two subjects and clear that if such an action made on a person who have physical disorder in genital organs, it will legally and permissible , otherwise , have no justified definition from law stand point. About mental neutrality (who have no disorder in genital organs but due to mental problem demand for change), there is three theories as presented: 1-Fixed permission 2-Fixed forbidden 3-Conditional permission.  The final theories have more protest and selected by majority of theoritian. According to view points of great jurisprudence, persons who change his/her sex, shall be benefitted from real sex share in issues including heritage, blood money, limits, asked for witnesses, marriage portion, but in law rules observing and obligation shall be followed superficial basis. In subjective Iranian law, who change his/her sex according to medical standards, have right to demand for amendment of identification card.

Key Words: Change; Sex; legal permission; permit; non-illegibility.

The principle of fair trial in administrative tribunals and medical disciplinary boards

Sadegh Tariverdi

Mahmoud Abbasi

Abstract

Nowadays the right of fair trials includes a body of rules and principle that are anticipated for preserving the rights of parties in the hearing of trial. The assurances for the right of fair trials that mention in international documents of human rights are the base and foundation for unifying of civil procedure in different field. Medical disciplinary board as a part of administrative tribunals is one of the studying fields that have a special function and procedure in inquiry of medical misconducts. Even so trial in medical disciplinary boards is mostly base on fair procedure but because of the special nature of the issue that hearing in this boards, sometimes the procedure of the board are different and this article try to discuss this difference.

Keyword: fair trials principle, administrative tribunals, medical disciplinary boards, misconduct.

The study of adult age from the viewpoint of an interaction between aging and victimization with the emphasis on a survey in England

Amir Samavati Piruz

Abstract

The author in this article, tries to determine the importance of specializing the protective and aiding measurements for elderly victims through emphasizing the necessity to do an interdisciplinary study whose reflection can be seen in cooperation between results of studying the elderly and doctrines of victimology. Like wise, studying the features of fear of crime and to what extent the elderly are at the stake of experiencing victimization during the aging period lead us to provide the necessary measures to support the elderly with a specially criminal protection.This study includes the following results:

Increasing the dark-number crimes committed against the elderly according to reducing the possibility of reporting these crimes and lack of their visibility specially in crimes committed in families or institutions where the elderly are kept and cared for; the necessity of separating the degree of victimizing the aged which leads us to categorizing the victimization according to the type of the crime, reasons, its factors and the degree of fear of crime in the aged; the indicators which endanger the elderly to be victimized also denies traditional theory of the aged's vulnerability due to mere aging.

On the whole, it is expected to inspect the aiding and protective measures for the aged by compiling these two fields of study through which the elderly can also benefit from the status which they deserve in criminal justice system.

Key words: Elderly; Victimization; Fear of crime; Protective victimology; Vulnerability.

Brain Death from Islamic Law Aspect

Mohamad Mehdi Tavakoli

Abstract

To resolve the precise time of death has an extreme importance in law because it is effective in deciding about the inheritance law and in some subdivisions of criminal law. The more important effect that has been recovered in recent years is determining the time of corpse dissection and using the body limbs for joining to the others; because it is morally and legally forbidden to autopsy before death. In the past centuries fight and medical professions and customs had achieved to an agreement about the determining the time of death. But today brain death is a new problem that has made difficult to determine this time. This article has an end to study about the differences of brain death and coma Depose and prove that in the scope of fighter can accept the brain death as a real death.

Key Words: Brain Death; Islamic Law; medical professions; real death.

Analysis of logical criteria for codification of patients’ rights charter

M.A. Pour Bakhsh Zamani

Abstract

In recent years many considerations have been considered in order to protect the rights of patients. Studying patients' rights can be seen as an observance of the basic values of human rights, such as respect for individuals on which the rights of patients are based. Rights of patients reflect medical rights and human rights, and the basis for improving patients' health.In Iran's Islamic penal code the doctors' and patients' rights have been recognized, but the necessity of developing laws that involve rights of patients and doctors is obvious. In 1381, the Charter of patients' rights published by Health Department of Ministry of Health and Medical Education to provide health centers was notified. Although this action plan is an effective step for patients and includes legal attention to the subject mentioned above, it is not enough and doesn’t comprise all the   rights of patients.

Therefore this article not only mentions a definition of the rights of patients and their legal charter, but it has also proposed partnership with the jurisprudents, experienced lawyers, doctors and experts to prepare a comprehensive charter of rights of patients so that it could be presented to the Parliament for final approval.

Key Words: Patients; rights; confidentiality; informed consent; ethics; medical.

Supervising medical institutes and securing the patients’ rights in the light of a comparative study

Mahmoud Abbasi

Amir Samavati Pirouz

Ladan Abbasian

Abstract

Inter group supervisory model in respect of medical activities is based on concentrating and using the expertise of medical and health professionals related to supervisory duties. This makes the authorities and personal in medical institutions aware that they are supervised by professional supervisors when dealing with the patients. This ultimately makes personnel avoid making some problems and neglecting their duties. On the other hand, applying such a model has some disadvantages. Using extra- group model is based on the principle of separating the supervisor from the decision-maker and the autonomy of the supervising board in respect of the medical departments in order to avoid prejudice in supervising. Dividing this model into the institution-based and the process-based mechanisms is achieved to guarantee performing the duties of hospitals, therapeutic and medical centers. In general, studying such models will give us an exact knowledge of supervision process. Reaching a conclusion-based process is important to select a model in order to apply an organized supervision in the systems of Iranian hospitals.

Keywords: Inter-group supervision; professionalism; continuous and periodic supervision; extra group supervision; combinative supervision; special supervision.