Volume 7, Issue 3 (2-2018)                   Clin Exc 2018, 7(3): 1-20 | Back to browse issues page

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Nabavizadeh S L, Zare Nejad M, Khorsandian M A, Nabavizadeh S H, Gholamzadeh S. A Criticism on the Single Article of Legal Abortion. Clin Exc 2018; 7 (3) :1-20
URL: http://ce.mazums.ac.ir/article-1-367-en.html
Master of International Law,Legal Office , Shiraz University of Medical Science,Shiraz,Iran.
Abstract:   (4379 Views)
In the single article of medical abortion, legislated in 1384, definition of “hardship” needs to be more investigated. Lack of any accurate and comprehensive definition of mother’s hardship in mentioned single article would lead to different impression about the subject and could lead to excessive enforcement. In addition, lack of appropriate legislations in the field of abortion caused by rape is notable. As regards to the fact that the goal of mentioned single article is to reduce the rate of defective/mentally disabled children and reducing the rate of fatalities caused by non-sanitary abortion, indicators of such cases should be more investigated. In this review various articles were investigated in different data bases such as google, SID, Magiran, Noormags and Iranmedex, then using certain keywords such as abortion, medical abortion and illegal abortion 29 articles were chosen to be investigated further. Eventually it was concluded that the criterion of hardship was a highly qualitative definition and not a quantitative one. Therefore, it’s impossible to express a general law to apply on all cases. For example, it is possible that a sentence should be considered as hardship for a particular person, while this could not be applied for all of people. So in the case of abortion, unbearable hardship should be identified in a particular case and it cannot be generalized to all cases.
 
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Type of Study: Review | Subject: پزشکي قانوني
Received: 2017/10/17 | Accepted: 2018/01/13 | Published: 2018/02/19

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