نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیارگروه فقه و مبانی حقوق اسلامی ،واحد سمنان ،دانشگاه آزاد اسلامی،سمنان ،ایران
2 دانشجوی دکترای حقوق خصوصی، واحد سمنان،دانشگاه آزاد اسلامی ، سمنان، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to health is one of the basic human rights, which is rooted in the right to life. In the Islamic legal system, due to the necessity of self-preservation, this right prevails over other rights and obligations. One of the aspects of citizens' right to health is the right to women's reproductive health. Considering that women's health is considered as an indicator of countries' development, in international documents such as the Charter of Women's Reproductive Rights, couples have the right to freely and responsibly choose the number of children and the distance between them and access. Necessary training for health and reproductive health is mentioned. And governments are obliged to provide women's reproductive health. In Iran's legal system, there is a special concern for the health of pregnant mothers, which is evidenced by the existence of various regulations of the Ministry of Health. The approval of the family and youth protection law, which implicitly includes a health-oriented approach, is an effective step towards ensuring women's reproductive health.
This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .
کلیدواژه‌ها [English]