Victim-Oriented Criminal Policy in Respect to the Patients With AIDs Through a Glance at the US Regulations
Authors
Abstract:
Like the Other Citizens, The Patients With AIDs Have Certain Rights. The First Right That Can be Recounted as a victim-Oriented Support for the Individuals With AIDs is the Safeguarding of the Health Right of this Set of Victims Which is Named the Victim-Oriented Criminal Policy and this Right is Amongst the Examples of the Fundamental Human Rights. In Case of an Individual’s Infliction With a Virus, His or Her Essential Rights Should not be Neglected. AIDs is Proposed in Most of the Communities as a Shameful Disease and this Results in Non-Acceptance of the Patient in the Family and Society and it is in this Way that the Infliction with AIDs Causes Isolation, Depression, Humiliation and Suicide in the Inflicted Persons. The Present Study Aims Solely at the Investigation of the Criminal Policy Regarding the Support of the Inflicted Persons. The Study Findings Signify that this Disease Influences the Patients’ Statuses Due to its Creation of a Lot of Social Problems, Bad Thoughts Governing the Society About it and Social Stigma not Only From the Perspective of the Physical Health But Also From the Perspective of the Psychological and Social Health and Leads to the Emergence of Numerous Problems in the Patients’ Useful Activities and Interests. In This Regard, There is a Need for a Victim-Oriented Criminal Policy for the Patients With AIDs Through Copying the Model of the Leading Countries, the US in this Special Regard. In Fact, one of the Most Important Challenges Regarding AIDs is the Discriminatory Interventions Against the Patients With AIDs. Besides Exerting Negative Effects on the Physical and Psychological Health of the Patients, the Experiencing of Discrimination in Various Grounds Like Enjoyment of Proper Treatment, Employment, Freedom in Coming and Going and Emigration and so Forth Causes the Hiding of the Disease and not Going to Treatment Centers for Treatment Hence Increase in the Number of Inflictions With this Disease. Thus, the Intervention by the Legislative Institutions and Enforcement of Penal Policies Regarding the Violators of the AIDs-Inflicted Individuals’ Essential Rights Can Somewhat Slow the Speed of AIDs Outbreak. On the Other Hand, Considering the Study Background and Prediction of Supportive Regulations in the US, The Present Article Deals With the Current Regulations and the Possible Extant Imperfections in Regard of the Supportive Rights of the Victims Inflicted With AIDs Such as the Job Right, the Health Right and the Right of Fair Trial With a Glance at the US Regulations. The Article has been Conducted Based on a Descriptive-Analytical Method and it has Been Codified Using Library Research Through Note-Taking. It is Worth Mentioning That the Article is From the Beginning to the End Bound to the Ethical Principles, Honesty, Confidentiality and Observance of Intellectual and Material Rights as Well as the Other Rights. Cite this article as: Loghmani N, Ehssanpour S R, Abbasi A. Victim-Oriented Criminal Policy in Respect to the Patients With AIDs Through a Glance at the US Regulations. Iran J Med Law 2021; 15(56): e3.
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Journal title
volume 15 issue 56
pages 39- 55
publication date 2021-04
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