Civil Liability for the Transmission of the Contagious Disease of the Couple to the Fetus (Supervising Article 23 of the Family Protection Law in Iran)
Abstract
According to the note of Article 23 of the Family Protection Law approved in 2012, in situations where the contagious and dangerous disease of the couple leads to harm to the fetus, medical and educational care and supervision should lead to the prohibition of generation. The legislative reason for care and supervision and consequently the prohibition of procreation is the threats and dangers that infectious and dangerous diseases pose to the couple and the health of the fetus and society and can violate the right of fetal health and in some cases the right of community health. Given the importance of this issue, it is possible to identify and consider civil liability for the offender. However, preventive and educational and cultural measures related to the risks of infectious and dangerous diseases for the individual and society should be given priority in legislation, planning and implementation.
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DOI: http://dx.doi.org/10.18415/ijmmu.v8i6.2811
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