نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانش آموخته کارشناسی ارشد حقوق خانواده، دانشگاه امام صادق (ع) پردیس خواهران، تهران، ایران
2 استادیار گروه حقوق دانشگاه امام صادق (ص)، پردیس خواهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abortion has always been discussed throughout history due to its moral, jurisprudential and legal aspects. One of the problems and dilemmas caused by abortion is the decline of the young population in countries with a middle-aged pyramid like Iran, in order to prevent it, in 1400, the law "Supporting the Family and the Youth of the Population" was approved, but its implementation - especially in The issue of abortion treatment - has faced many challenges and by applying many restrictions in the field of fetal health and abortion, it has violated the purpose of increasing the rate of healthy and productive population. The purpose of writing this article is to examine the jurisprudential and legal challenges of therapeutic abortion in the light of the Family and Youth Protection Law and to try to provide efficient solutions to solve the challenges of this field. The method of collecting documents-library materials and the type of research is descriptive-analytical. The investigations carried out show that the application of severe restrictions in the field of fetal health and abortion treatment will have no result other than endangering the lives of mothers and increasing the number of criminal abortions, and will create grounds for abuse by the offenders. The law and their profit seeking provide. Also, due to the different bases and opinions of jurists and jurists regarding abortion and the time of soul rebirth and the lack of determining a single and specific time for soul rebirth in different sciences of jurisprudence, law and medicine, it is not possible to leave the issuing of permission or disallowance of therapeutic abortion to the judges. And it should be done with the cooperation of jurists, jurists and doctors regarding the criteria and criteria for making a correct decision.
کلیدواژهها [English]
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