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Submitted: 10 Oct 2018
Accepted: 20 Feb 2019
ePublished: 30 Mar 2019
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J Educ Community Health. 2019;6(1): 55-61.
doi: 10.29252/jech.6.1.55
  Abstract View: 374
  PDF Download: 151

General

Review Article

Effect of Legal Thought in Explaining Legislative Policies in the Field of Health

Nader Aghilian 1* ORCID logo, Mohsen Rahami 1, Hoshang Shambayati 1

1 Criminal Law & Criminology Department, Law Faculty, Tahran Branch, Islamic Azad University, Tehran, Iran.
*Corresponding Author: Email: naderaghilian@mihanmail.ir

Abstract

Aims: The right to health is one of the fundamental concepts of development that has a significant relationship with other human rights and everyone is entitled to reach the highest standard of physical and mental health. However, the history of the activities and actions of governments as well as public rights regulating public health regulations indicates a lack of the existence of the necessary and comprehensive knowledge of the institutions referred to in the public health area, as well as the lack of attention to the challenges and requirements of governments in regulating citizens’ general health, and the intervention of the thought of governments in defining the policy of combating crime and deviations in this range. Therefore, the aim of this study was to review the concepts of thought, the right to health, and the legislative policy in the field of health. This study was carried out, using a documentary and library method in 2018.

Conclusion: Access to health services with the aim of promoting, protecting, and securing people’s health is the right of all humans. The obligation of governments to respect the right of all humans to the right of health is evident in world constitutions and statutes. However, with regard to the legal characteristics and the principles that relate to the right to public health, governments are faced with challenges in regulating this issue. The findings show that the right to health and the obstacles and challenges of governments in defining legislative policy, especially the role of the ideology governing it, have been neglected. Therefore, legislation in the field of health should be exempted without consideration of the ruling of the country.

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