امامی, اسدالله

[ 1 ] - حمایت بین‌المللی حق مالکیت فکری و مزایای ضمیمه کنوانسیون برن برای کشورهای در حال توسعه

Les Meseures Prise En Faveur Des Pays En Voie De Developpement Dans Le Cadre De La Convention De Berne ( Annex A’ L’ Acte De 1971 Paris) Contenant 6 Articles Au But De Repost Et Supprimer Des Obstacles Pour Traduction Et Aussi Pour Puclication Des Oeuvres Originals Scientifiques , Litteraires Et Artistiques Des Auteurs Des Pays Developpe’s En Faveur Des Pays En Voie De Develop...

[ 2 ] - ضوابط تعیین دیه اشخاص واجد زندگی نباتی

Various definitions of death are provided in medicine and it is divided into real, exterior and brain ones, but one state that has a close imminency with death and sometimes is mistaken with it is the "vegetative state". Basically, one is not deemed dead in the aforesaid state contrary to the forms of death and he enjoys life. In the case law, judges and forensic physicians always dis...

[ 3 ] - حقوق بیماران و چالش‌های قضایی

In the legal terminology, right is a power that is given to a person by the law and for this meaning the word Solteh is used also in Feqh (Islamic Jurisprudence). Right, in this meaning, enjoys the sanction and has also been referred to as the vindicatory right, statutory rights and positive rights (Ja'afari Langeroudi, 1997, p.21). Under Article 19 of the Constitution of the Islamic Republic, ...

[ 4 ] - رویکرد سیاست جنایی ایران در قبال جرایم پزشکی

This paper has been written aiming at the exploration of the dominant approach of the Iranian criminal policy to medical offences in different legislative, judicial and executive respects. Some resulted findings and outcomes indicate that: firstly; the approach of Iranian legislative criminal policy to cope with medical offences is a punishment-centered, punitive approach without a corrective a...

[ 5 ] - حقوق بیماران در نظام عدالت کیفری

What is the nature of patients’ rights in the criminal justice system? Is it according to Hoffiildi’s analysis of right, a duty (responsibility) or a right-privilege? In this article, besides elaborating on the nature of patient’s rights in the criminal justice system and explaining its effects, we will try to analyze the dimensions of this right in various stages of imple...

[ 6 ] - بررسی جرم انگاری شبیه‌سازی انسان در حقوق ایران

Cloning, as a new technology, has attracted the attention of statesmen, physicians, lawyers and other scientific communities. This phenomenon both opens a new horizon on human society regarding its therapeutic features and brings some concerns to it. This technology is divided into two parts: Human or generative cloning and therapeutic or investigative cloning. The first meaning which comes to ...

[ 7 ] - بررسی معیارهای منطقی در تدوین منشور حقوق بیماران

In recent years many considerations have been considered in order to protect the rights of patients. Studying patients' rights can be seen as an observance of the basic values of human rights, such as respect for individuals on which the rights of patients are based. Rights of patients reflect medical rights and human rights, and the basis for improving patients' health.In Iran's Islamic penal ...

[ 8 ] - مرگ مغزی از منظر حقوق اسلامی

To resolve the precise time of death has an extreme importance in law because it is effective in deciding about the inheritance law and in some subdivisions of criminal law. The more important effect that has been recovered in recent years is determining the time of corpse dissection and using the body limbs for joining to the others because it is morally and legally forbidden to autopsy before...

[ 9 ] - اصول دادرسی منصفانه در محاکم اداری و هیأت‌های انتظامی پزشکی

Nowadays the right of fair trials includes a body of rules and principle that are anticipated for preserving the rights of parties in the hearing of trial. The assurances for the right of fair trials that mention in international documents of human rights are the base and foundation for unifying of civil procedure in different field. Medical disciplinary board as a part of administrative tribun...

[ 10 ] - ناباروری از دیدگاه پزشکی قانونی

As a Speciality in medicine, forensic medicine deals with medical aspects of judicial Issues. Since all cases in medical practice could potentially be refered to judicial authorities, specialists of forensic medicine deal with a wide range of medical issues.During the past decade, infertility has been one of the important issues in this context. In this article the author has studied the most c...

[ 11 ] - شبیه سازی و پیامدهای فقهی، کلامی و اخلاقی آن

As a scientific achievement of the modern world, cloning has caused both fears and hopes for the future of the humankind. It is categorized into human and non-human cloning, each of which are subdivided into therapeutic and reproductive subtypes. Of these subtypes, only the reproductive category has produced much controversy, but there is not much debate on animal cloning. Human cloning for the...

[ 12 ] - جنون؛ از آثار حقوقی تا پیامدهای کیفری

Lunacy defines as a mental disease which causes to interrupt personal relationship with reality and undistinguished of mistake. The disease itself has important legal effects such as exemption of lunacy from punishment and nullity legal practices – such legal supports from lunatic person because some people simulate insanity in order to escape from liability. So recognition of lunacy and ...

[ 13 ] - مفهوم اتانازی و بررسی آن از دیدگاه فقه، حقوق و اخلاق

The different opinions about Euthanasia necessarily depend on different opinions in the field of morals. The subjects about Euthanasia are the subjects about “value”. Some believe that the life is maximum goodness and other good nesses bring the meaning with the existence of life. There is no goodness and value without life (namely it can’t exist) and the life is necessary ter...

[ 14 ] - شبیه‌سازی انسان در حقوق ایالات متحده آمریکا

Human Cloning phenomenon that is accounted as one of the challenges of the present century is concentrated by legal community of most of the countries. One of the prior countries that reacted against this new phenomenon and took actions in legalization is America. Considering this country’s legal system, in the present article it is tried to explain legal condition of human Cloning in the...

[ 15 ] - مسؤولیت کیفری متصدیان امور پزشکی

La définition de la responsabilité pénale pour des responsables des affaires médicales est secondaire par rapport a la distinction des exemplaires des gens occupant dans la profession médicale et d’autres Professions dépendants. En plus, il faut le considérer dans le cadre des règles pénales. C’est évident que ...

[ 16 ] - ماهیت حقوقی قرارداد رحم جایگزین

Infertility is a problem for couples throughout the world. One solution is surrogate motherhood. A typical surrogate mother contract involves three parties: a man and a woman who، as a couple، want to employ the services of a surrogate mother، and another woman who agrees to conceive a child through artificial insemination with the couples' embryo. Usually، in return for a sum of money، the sur...

[ 17 ] - منشور حقوق بیماران و راه‌کارهای ارتقای آن در ایران

Considering patients’ rights has a long history in medicine. Continues attention to this phenomenon has risen in medical sciences literature particularly during the last few decades and has caused many discussions in health care delivery systems. Despite Iranian Muslim culture’s fullness of humanistic lessons and the challenges by the government, the concept of patients’ right...

[ 18 ] - حقوق بشر، ایدز و سلامت عمومی

Aids has turned into a significant development crisis and the UN Secretary General has allocated a great portion of its commitments to Aids to the extent that both in the special UN assembly and in the reports to the World Leaders Summit has dealt with them .The Aids is a universal epidemic issue and has been scattered in all parts of the world it has involved all continents in a way that natio...

[ 19 ] - ایدز و مسؤولیت مدنی دولت

Lorsqu’on s’interroge sur sa propre identité de l'Etat face au problème du sida, il faut certes y réfléchir un moment, tant les références personnelles en la matière peuvent être diverses. Nous avons toutes et tous une idée, une image, une réaction face au mot sida, ce que cela représente pour nous, nos proc...

[ 20 ] - حمایت از حقوق استخدامی قربانیان ایدز؛ رویکردها و تحولات

HIV/AIDS as a crisis for modern human has influenced on his life in different aspects of personal or social. Reviewing of influences of this situation on employment rights of related victims is important, not only for its epidemic in work places area but also for its potential danger for fundamental human rights. Ensuring the victims right to freedom of any discrimination on their HIV/AIDS situ...

[ 21 ] - تکنولوژی تعیین جنسیت جنین

Development of human science and technology and its effect on human feature requires the necessity of lawyer`s attention to this development.  The predetermination of a child’s gender technology is one of this development that place in the medical law scope. At first this article explains the medical aspect of this technology and then it tries to legally analyze the predetermination ...

[ 22 ] - سلول‌های بنیادین؛ رهیافت‌های اجتماعی، فقهی و حقوقی

Stem cells are regarded as a colossal development in the m medicine and the deuteron-ranked foremost cataclysm in the medical world after the human genomes which are mused over as one of the chief challenges of the genetic engineering field. Such perusals have instigated some quandaries in the religious, moral and legal subject matters. Such Stem cells are the constituents of the therapeutic cl...

[ 23 ] - مسؤولیت‌ها و تعهدات تیم جراحی

In case of illnesses the main task of a physician is merely treating and curing patients, however, in performing surgery every physician's responsibility toward health and treatment of patients appears more seriously. This issue creates some specific commitments for surgery team, therefore, members of surgery team should not only observe patients' rights thoroughly, but also should implement me...

[ 24 ] - رویکرد حقوق بین‌الملل به شبیه‌سازی انسان

Bioethics has made an amazing progress since the half of the past half-century and it has increasingly disclosed the details of the body and the mind’s function. On the one hand, these progresses are promising in development in treatment and human pains and on the other hand they raise considerations about how to use and the application of this science, the science and the knowledge which...

[ 25 ] - جایگاه اخلاق زیستی در قلمرو حقوق بشر بین‌المللی

In the present study, effort has been made to represent a definition of Bioethics and to explain the relationship between Bioethics and Human Rights. Some believe that Bioethics is completely in accordance with Human Rights and there is basically no substantive difference between these concepts. On the other hand, some criticize the Human Rights and they believe that it follows the government p...

[ 26 ] - کرامت انسان در پرتو حقوق بین الملل زیست پزشکی

Human’s munificence is one of the important concepts of Human right which is a character of Humans. In fact this concept is a human feature and it is particularly for humans and no bond would constrain it and no condition would limit it. Although this human feature has been with humans from the beginning of his life and has always been considered in his ethical and religious thoughts, thi...

[ 27 ] - بنیادهای اخلاقی حقوق بشر

In the three last decades, especially at the beginning of 1970,there has been a great interest in the Universal Declaration of Human Rights codes and it’s accordance with Islam towards social and political awakenings in Islam and the increase of militant religious extremisms among Muslims. Books and essays in Farsi and Arabic has been written by great and significant interpreters whom whe...