نوع المستند : مقالة علمية و بحثية
المؤلف
أستاذ فی قسم القانون الخاص، كلية الحقوق، جامعة قم، قم، إيران.
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
Technological progress in the biomedical field, like other areas of life, has created a kind of overlap between the techniques used in the field of medical and pharmaceutical experiments and the detection of the effects arising from them, and that basic human rights, including the right to infallibility of the body and freedom of will, and since this overlap raised the position of laws and international agreements about Its legitimacy as the principle of infallibility of the body or bodily integrity and the right to the integrity of the human body, which stipulates that all harm to the human body in a way other than what is legally determined or in a person’s benefit and interest is forbidden. He was subjected to medical experiment voluntarily and of his own free will, which necessitates taking that will into consideration, and what reinforces this principle is that all successful medical works over the passage of time were not the result of chance, but came after great efforts made by specialists in the medical field, who based most of their work on conducting experiments Hence, the problem of the issue arises that the principles of the infallibility of the body and the freedom of the will go in two parallel lines, as the medical contract that is concluded between pharmaceutical companies and other Persons subject to the trial is one of the contracts based on personal consideration that gives the right to the two parties freedom to choose and accept with free and informed will and is based on the principle of consensuality in terms of origin and thus results in rights and obligations on both parties. Therefore, the problem comes from the obligations of medical intervention on the human body, especially by pharmaceutical companies, through its legal basis, legitimacy, scope and responsibility, which necessarily requires finding a reasonable amount of compatibility and harmony between them. Including, as the jurisprudence did not agree on the legality of conducting medical experiments, as there was a difference regarding conducting non-therapeutic experiments due to the danger of this type of experiment. It is with a conscious and aware will to acceptance and satisfaction by appearing under the hands of the medical experimenter with acknowledgment and acceptance of the consequent negative or positive effects, and that whoever is subject to medical experiments in front of pharmaceutical companies, whether he is incompetent, incompetent or fully qualified, may not have any disease (healthy) or he may have a disease and that this disease is directly related to the subject of the experiment and because his participation in it is either to be a recipient of treatment or as a patient pity her.
الكلمات الرئيسية [English]
النتائج
المصادر والمراجع
القرارات
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