نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The treatment process always has unwanted and unknown effects and results. With the progress of science and technology, the amount of error in the calculation of effects and unwanted results will decrease, but it will never be zero, and this is the inherent characteristic of experimental science problems. Considering the probability of the treatment process and its results, in order to prevent legal and criminal liability for the treatment staff, it is necessary to give consent to the treatment process from the patient, and in cases where the patient is a child, from the parents or guardians. The purpose of this research is to explain the jurisprudential foundations of consent to child treatment and its framework in Iranian and British law. The results of the current research, which have been compiled with descriptive and analytical methods and library tools, show that in relation to the issuance of consent to the child's treatment by the parents, the rule of compliance with envy prevails; But in order to give the child the competence to carry out the treatment process, Iranian law has adopted a position of silence; While the jurisprudential foundations do not create any restrictions or prohibitions for giving the child the authority to issue consent for the treatment process. On the other hand, according to the focus on the practical procedure and numerous examples, the law of England provides appropriate criteria for modeling in order to create competence for the child.
کلیدواژهها English