1
Department of Law, Islamic Azad University, Tonekabon Branch, Tonekabon, Iran
2
Department of Law, Nowshahr Branch, Islamic Azad University, Nowshahr, Iran
Abstract
The right to health is a key concept that has gained increasing importance with the spread of epidemic diseases. Accordingly, the purpose of this article is to examine the important question of what criminal guarantee is provided for the violation of the right to medical and therapeutic health? The hypothesis of the article is that "In Iranian law, different execution guarantees, such as execution, have been determined for the violation of the right to health". The results indicate the validity of the hypothesis and indicate that in Iranian criminal law, a criminal guarantee has been determined for the violation of the right to medical and therapeutic health by natural persons and if the health of individuals is intentionally threatened and leads to death, it carries criminal liability leading to execution. The most important articles in this regard are Articles 290, 291 and 292 of the Islamic Penal Code approved in 2013. Regarding the material element, it should be acknowledged that the perpetrator's behavior in this type of crime includes both acts and omissions, physical (injurious) and non-physical (non-injurious) behavior, through supervision and through attribution. Regarding the failure to provide services by medical staff, the legislator has for violating the right to medical health and treatment in the case of individuals and the state. It is necessary for the criminal liability of the state in the field of violating the right to medical health and treatment in instances such as failure to provide information to be explicitly approved by the legislator.
Soltanian,D and Khajvand,M . (2025). Criminal Guarantee for Violation of the Right to Medical Health and Treatment. The Journal of Iranian Health System Law, 1(4), 15-28.
MLA
Soltanian,D , and Khajvand,M . "Criminal Guarantee for Violation of the Right to Medical Health and Treatment", The Journal of Iranian Health System Law, 1, 4, 2025, 15-28.
HARVARD
Soltanian D, Khajvand M. (2025). 'Criminal Guarantee for Violation of the Right to Medical Health and Treatment', The Journal of Iranian Health System Law, 1(4), pp. 15-28.
CHICAGO
D Soltanian and M Khajvand, "Criminal Guarantee for Violation of the Right to Medical Health and Treatment," The Journal of Iranian Health System Law, 1 4 (2025): 15-28,
VANCOUVER
Soltanian D, Khajvand M. Criminal Guarantee for Violation of the Right to Medical Health and Treatment. IHSL. 2025;1(4):15-28 (In Persian).
