Examination and analysis of laws and regulations related to organ transplantation in Iran

Moazami, Shahla; Vahdan,  Mehdi; Zadeh Dabbagh, Parisa

Volume 6, Issue 4 (10-2013) IJMEHM 2013, 6(4): 1-16 | Back to browse issues page

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Moazami S, Vahdan M, Zadeh Dabbagh P. Examination and analysis of laws and regulations related to organ transplantation in Iran. IJMEHM 2013; 6 (4) :1-16
URL: http://ijme.tums.ac.ir/article-1-5185-en.html

Examination and analysis of laws and regulations related to organ transplantation in Iran

Shahla Moazami ^*

¹, Mehdi Vahdan²

, Parisa Zadeh Dabbagh

1- Department of Criminal Sciences and Criminology, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran , smoazami@ut.ac.ir
2- University of Tehran

Abstract: (18851 Views)

With the progress of science, organ transplantation emerged as one of the modern innovations of the medical science. Like other innovations, organ transplantation brings individuals in the society some disadvantages alongside numerous advantages. Legislators have therefore adopted rules and regulations for the mutual support of society members and their rights.In this article the researchers will examine the current regulations on organ transplantation in Iran. Legal sources in Iran, especially the constitution, Islamic criminal law, health and sanitary regulations, moral codes and so on will be referred to in this respect.In the constitution (as epigraph of all laws and regulations within the country), articles 14, 29, 43, 167 will be examined, and in Islamic criminal law articles 159, 372, 495, 497 and 724 will be discussed as the most significant existing articles on organ transplantation. In relation to the moral codes and medical and sanitary regulations we studied the following: Organ transplantation act of April 5, 2000 about the deceased or patients whose brain death has been confirmed the protocol on confirmation of brain death, established 2000 executive regulations for transplant from the deceased or patients whose brain death has been confirmed, adopted May 15, 2002 act of renal transplantation and donation from living donors passed on October 20, 2008 executive regulation 13101 approved on April 29, 2006 about living donors (with the exception of transplantation from a living donor to a foreign citizen) and the charter of patient’s rights ratified in 2009. Lastly, it should be mentioned that transplantation laws and regulations that presently exist in Iran appear to be inadequate for the purpose of resolving the current challenges and problems.

Keywords: legal sources, organ transplantation, brain death, Iran

Full-Text [PDF 374 kb] (28384 Downloads)

Type of Study: Review | Subject: Madical law
Received: 2013/10/9 | Accepted: 2013/10/9 | Published: 2013/10/9