Health law journal最新文献

{"title":"An Islamic Model for Taking Patients' Spiritual History","authors":"N. Memaryan, M. Rasouli, Z. Ghaempanah, M. Mehrabi, Octavio Areas","doi":"10.22037/BHL.V1I3.18215","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.18215","url":null,"abstract":"Background and Aim : In the recent years, the spiritual dimension of human nature has received ever-increasing attention for a better healthcare. One way of responding to this issue is taking the patients’ spiritual history in healthcare setting. A spiritual history is a set of questions that can explore into the spiritual experiences and beliefs of a patient with a simple interview. This study seeks to establish a new framework for obtaining spiritual history based on Islamic culture. The aim of the present study was to establish a new framework for obtaining the patients' spiritual history by using a qualitative approach. Materials and Methods : For the purpose of the qualitative study, first, the conceptual framework of spirituality was grounded by a team of experts. Then, a two-part questionnaire was developed based on the selected available tools and Delphi method. Ethical Considerations : The principles of ethics and integrity in the research, citation, and literature analysis were taken into consideration. Findings : The 16 finalized questions were divided into two sections. In this regard, the first part was concerned about the beliefs, ethics, values, behaviors, and experiences related to spirituality, which can be used to derive out the required spiritual information from all patients in any situation. The second part was developed based on the spiritual needs of the patients. Conclusion : As the findings indicated, taking spiritual history can facilitate the establishment of a more intimate relationship between the patient and therapist. It is hoped that the utilization of this Islamic model can improve the patients’ quality of life. Citation : Memaryan N. Rasouli M. Ghaempanah Z. Mehrabi M. Areas O. An Islamic Model for Taking Patients' Spiritual History. Bioeth Health Law J. 2017; 1(3):35-40.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"35-40"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45551806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Principle of Nonmaleficence in Islamic Jurisprudence and law and its usage in Biomedical Jurisprudence","authors":"S. Safaei, M. Abbasi","doi":"10.22037/BHL.V1I3.19457","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.19457","url":null,"abstract":"Background and Aim : The principle of nonmaleficence is one of the four principles of bioethics. This principle, along with other principles of bioethics has been set as a moral code and guide in the deployment of new biological technologies, especially new achievements in the medical field. The principle of nonmaleficence states that the use of new technologies should not cause injury to any person of peoples, human beings and even nature and animals. The aim of this review is to recognize this principle in the holy religion of Islam that has a very large range and a long history, which is coincided with its emergence and in the Islamic jurisprudence and law it's called \"la-zarar act\" (the rule of no harm). Materials and Methods : In this review, using the keywords of the principle of nonmaleficence, the rule of no harm, self-harm, and to ward off likely harm we searched for relevant literature in interpretations of the Holy Quran, narrative texts, juridical reference texts and databases of Google Scholar, SID, Magiran, and NoorMags and related articles were studied. Ethical Considerations : Honesty and ethics have been observed in searching and referencing. Findings : The principle of nonmaleficence governs over the humans' all the personal and social relationships and interactions as an inclusive rule and Islam gives veto power to this principle over the other laws and regulations. This principle which is also presented as an ethical principle also includes the principle of nonmaleficence determined in the bioethics of today's global society, but it has quite a different scope and principles. Conclusion : Based on the principle of nonmaleficence in Islamic Jurisprudence and law and based on wisdom as using medical and biotechnology and testing and research, the human and mankind should not be damaged at all and even if there is a probability of loss or damage, the caution should be made and the harm should be prevented. This principle is general and includes self-harm, too. Citation:  Safaei S. Abbasi M. Principle of Nonmaleficence in Islamic Jurisprudence and law and its usage in Biomedical Jurisprudence. Bioeth Health Law J. 2017; 1(3):13-18.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"13-18"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44811162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Social Factors affecting to Elective Cesarean In Iran","authors":"Afsaneh Tavassoli, Ashraf Zafari Dizaji, Farideh Kelari","doi":"10.22037/bhl.v1i3.19456","DOIUrl":"https://doi.org/10.22037/bhl.v1i3.19456","url":null,"abstract":"Background and Aim : Cesarean section is a type of delivery, which has recently attracted the interests of numerous pregnant women. According to the general principles of medical ethics, in order to respect the individuals’ right of independence, the medical staff must provide the patients with the necessary information to enable them to involve in the decision making process freely and informedly. In addition, the medical staff must adhere to the rule of “evaluation of risks and benefits” in the treatment process. This rule should be also applied in the selection of delivery method for the pregnant women. The present study aimed to evaluate the social factors affecting the tendency of the pregnant women toward the elective cesarean section in the past few years. Materials and Methods : This descriptive-analytical study was conducted on 200 women in the third trimester of pregnancy referring to the hospitals located in the District one of Tehran, Iran. The data were collected using a researcher-made questionnaire. Data analysis was performed using descriptive and inferential statistics. Ethical Considerations : After the explanation of the study objectives, written informed consent was obtained from all participants. Findings : According to the results, elective cesarean delivery showed a significant relationship with maternal awareness of cesarean birth complications, encouragement by physicians, fear of normal delivery, imitation of others, maintenance of the body beauty, social and economic status, maternal occupation, family income, and parental occupation. However, elective cesarean section had no significant association with awareness about the benefits of vaginal birth and decreased maternal role. Conclusion : Although the pregnancy and delivery are physiological phenomenon, they are regarded as a “disease” in the modern medicine. Moreover, the gynecologists have prevented the women to consciously decide about their own choice of delivery. The encouragement of the mothers to undergo cesarean section by the specialists, along with the women’s attitudes about vaginal delivery, has led to the enhanced use of cesarean birth in Iran. The women’s higher awareness about the benefits of normal delivery and cesarean section complications assisted them in making better choice about their delivery method. Citation:  Tavassoli A, Zafari Dizaji A, Kelari F. Social Factors Affecting To Elective Cesarean In Iran. Bioeth Health Law J. 2017; 1(3):41-46.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"41-46"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43877221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Correlation between Development of Ethical Behavior and its Consequences in Workplace Environment, and Organizational Health","authors":"F. Zameni","doi":"10.22037/BHL.V1I3.19104","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.19104","url":null,"abstract":"Background and Aim : This research has been done with the purpose of determining correlation between development of ethical behavior and its consequences in work place environment, and the health of organization. Materials and Methods : This research is theoretically correlative descriptive and benefits a practical purpose. The research population included 5083 people from the staff of Azad and state universities in Mazandaran, among them based on Kerjecy and Morgan table via simple random sampling 346 people were selected as the sample of research. The instruments included two questionnaires, a standard health of organization questionnaire with 21 questions and a researcher-made questionnaire of development of ethical behavior in work place environment with 35 questions which by applying preliminary design on a sample of 30 people the reliability was reported 0.94. The data were analyzed descriptively and inferentially by using mean, standard deviation, Pearson correlation coefficient, fisher and Regression statistic. Ethical Considerations : Before the distribution of the questionnaires, objectives and method of implementation of the study were explained to the participants. In addition, written informed consents were obtained from the subjects prior to the study, and they were assured of the confidentiality terms regarding their personal information. The participants were also allowed to withdraw from the study at any time. Findings : The results show a linear relationship between teaching ethical principles, selection of the staff with ethical potentiality, propagation of ethical rules and codes, degree of managers’ commitment to ethical standards, and eventually development of ethical behavior and the health of the organization. Conclusion : Considering the results and in order to have a healthy organization founded on a healthy basis it is recommended that officials and authorities at high levels of organizational hierarchy have a special attitude towards selecting managers with good ethical manners, and diligently try to adopt policies to draft an ethical charter in the organization. Citation:  Zameni F. Correlation Between Development of Ethical Behavior and Its Consequences in Workplace Environment, and Organizational Health. Bioeth Health Law J. 2017; 1(3):31-34.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"31-34"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.22037/BHL.V1I3.19104","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48827088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pretrial Detention of Ill Offenders","authors":"M. Rahmat, M. Ashoori, M. Sabet, abbas shiri","doi":"10.22037/BHL.V1I3.18049","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.18049","url":null,"abstract":"Background and Aim : Criminal procedure is the way of prosecution and sentencing accused persons and offenders. Based on different kinds of offenders, there need to be different kinds of procedural attitudes. Where the offenders are children or patients, differential procedures especially in detention is necessary. The purpose of the study is to investigate the differences of the defendants in determining criminal penalties in the process of criminal procedure. Materials and Methods : In order to discuss the penalty as punishment intolerances, the rules of Criminal Procedure Acts in 1999 and 2013 will be reviewed. Ethical Considerations : Ethical principles were considered in searching and citing the literature. Findings : According to Article 502 of Criminal procedure 2013, if forensic medicine believes that defendant was not able to endure imprisonment and the imprisonment have physical danger for him, by observing legal requirements imprisonment will be prevented. There is also the Penal Code provision in exercise of slash as a punishment. On the other hand, temporary detention as the most severe criminal provision in cases based on the article 237 and 238 of the Criminal Procedure Law 2013 is necessary. Also many cases of other criminal rules have conclusion similar temporary detention for reasons such as Inability to introduce bail. Conclusion : Iranian Criminal procedure Law in article 250 refers to the need to pay attention to physical and mental state of the people in the pretrial phase, but it did not pay attention to its methods and methods. This issue has been left to the judge's discretion that it is best to anticipate the precise criteria of this issue in law in order to avoid unequal judgment. Citation: Rahmat MR, Ashouri M, Mahdavi Sabet MA, Shiri A. Pretrial Detention of Ill Offenders. Bioeth Health Law J. 2017; 1(1):7-12.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"7-12"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44630940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethical Aspect of Infertility Treatment through Surrogacy based on Utilitarian Principle","authors":"S. Tavakoli, Fatemeh Karachian Sani","doi":"10.22037/BHL.V1I3.17794","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.17794","url":null,"abstract":"Background and Aim : One of the questions that may be raised about infertility treatment through surrogacy is the ethicality of this approach. There are many methods for the ethical clarification of the medical issues. If we accept the utilitarian philosophers’ views stating that an ethical measure is beneficial to the community and individuals, we may come up with the question whether the actions of the infertile couples or surrogate mother are considered ethical since these actions are beneficial for both individuals and community. Regarding this, the present study aimed to evaluate the infertile treatment through surrogacy based on the ethical theories of utilitarianism. Materials and Methods : This analytical-descriptive research gathered relevant data in a literature search. After a description of the fundamentals and definitions, ethical texts were subsequently analyzed and one of the viewpoints regarding of Infertility Treatment through Surrogacy Based on Utilitarian Principle was selected. Ethical Considerations : Ethical principles were considered in searching and citing the literature. Findings : According to the rule utilitarianism, the ethicality of an action is measured based on its collective benefit and its placement in an ethical principle framework. Therefore, we cannot treat surrogacy like an accepted ethical principle, such as sacrifice, and provide a general rule for the determination of the effect of different social, cultural, economic, and political factors on the people involved in this act. However, the use of this method in different situations and for various people could be very beneficial and be considered ethical. Conclusion : Although the comprehensive investigation of the harmful use of surrogacy has not been accomplished, the various problems and factors affecting the evaluation of the overall profit and loss of this act grab the possibility of determining its morality as a valid rule in the rule-based ethics. However, such a provision is justified in the utilitarian and pragmatic ethical systems. Citation:  Nazari Tavakkoli A, Karachian Sani F. Ethical Aspect of Infertility Treatment through Surrogacy based on Utilitarian Principle. Bioeth Health Law J. 2017; 1(1):1-6.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"1-6"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.22037/BHL.V1I3.17794","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46921039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Assessment of Legal Knowledge among Obstetricians and Gynecologists about Legal Consequences of Assisted Reproductive Techniques","authors":"Tara Mohseni, S. Chaichian, M. Mohseni, Bahram Moazzami","doi":"10.22037/BHL.V1I3.18067","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.18067","url":null,"abstract":"Background and Aim : With the emergence and proliferation of assisted reproductive techniques, the needs of societies have altered. Therefore, measuring the level of legal awareness of gynecologists and obstetricians as the primary consultants of infertile couples can be significantly influential. In this study, we aimed to provide insight into the lack of legal knowledge of this group of specialists, which undermines the quality of healthcare services. Materials and Methods : This cross-sectional study was conducted among 80 gynecologists and obstetricians in Tehran, Iran, during 2016. We used a 26-item questionnaire on the common legal challenges of infertile couples. Ethical Considerations : Verbal informed consent of the participants was obtained after explaining the purpose of the study and the positive consequences of enhancing medical education and improving doctor-patient relationship. Findings : In general, 30% of the participants were male and 70% were female (age range: 35-75 years). Further, 24% of the participants did not respond to the questionnaire due to limited or lack of knowledge, and 28% knew the permitted types of artificial insemination by Iran’s laws. Concerning the basic rights of the child, 17% provided the correct response, and regarding the parental rights, 4% were aware of the existing legal condition. Finally, on the subject of surrogacy contracts, 22% were cognizant of the critical basics. Conclusion : Based on the mentioned results and due to the deep gap between the fields of law and medicine, improvement of the existing curriculum in Iran is highly recommended. Citation:  Mohseni T, Chaichian Sh, Mohseni M, Moazzami B. The Assessment of Legal Knowledge among Obstetricians and Gynaecologists about Legal Consequences of Assisted Reproductive Techniques. Bioeth Health Law J. 2017; 1(3):27-30.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"27-30"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46417488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Role of Organizational Culture and Implementing the Critical Success Factors Resulting in Reduced Medical Errors from the Viewpoint of Nurses","authors":"M. Ghasemi, Hosein Jarahi","doi":"10.22037/BHL.V1I3.19038","DOIUrl":"https://doi.org/10.22037/BHL.V1I3.19038","url":null,"abstract":"Background and Aim : A set of management practices called critical success factors and organizational culture can lead to a misplaced program for reaching a goal in the hospital. The incidence of medical errors, one of the most important issues influenced by multiple factors, undermines the quality of healthcare provision and satisfaction and increases costs. Considering that medical errors constitute 44,000-98,000 of the annual deaths in the United States and the lack of reliable statistics in Iran, we aimed to examine the roles of organizational culture and critical success factors in reducing medical errors. Materials and Methods : This applied cross-sectional study was performed among the staff of hospitals affiliated to Arak University of Medical Sciences, Arak, Iran. A 44-item questionnaire was used to collect the data. The questionnaire was designed based on the studies by McFadden, Cameron and Quinn, and Gowen and Tallon, the validity and reliability of which were confirmed in this study. Descriptive (frequency distribution) and inferential statistics (ANOVA, two-sample-t-test, and linear regression) were employed to analyze the data in SPSS, version. Ethical Considerations : The informed consent was obtained from participants after explaining the research aims and the participants assured about the confidentiality of information. Findings : Most of the respondents were women (58.1%) and within the 30-40 years age group (52.5%). Further, 50.4% of the participants had a Bachelor’s degree. Two main hypotheses and 10 sub-hypotheses were tested and partially accepted. Our results suggested that staff participation, error report, cultural change, education and training, statistical reports, system redesign, collaborative culture, hierarchical culture, mission culture, compatibility culture, and implementation of critical success factors can contribute to reducing errors. Conclusion : Hospital managers must try to encourage the development and maintenance of a culture that emphasizes on interpersonal relationships, development of human resources, mentoring co-workers, teamwork and participation, trust, and commitment. To this end, hospital managers should recognize the role of organizational maturity in reducing medical errors and encourage employees to develop organizational culture and increase organizational maturity. Citation:  Ghasemi M, Jarahi H. Role of Organizational Culture and Implementing the Critical Success Factors Resulting in Reduced Medical Errors from the Viewpoint of Nurses. Bioeth Health Law J. 2017; 1(3):19-26.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"19-26"},"PeriodicalIF":0.0,"publicationDate":"2017-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49532663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Restrictions for ARTs Applicants in the Light of Human Rights Principle","authors":"M. Ghadiri","doi":"10.22037/BHL.V1I2.18126","DOIUrl":"https://doi.org/10.22037/BHL.V1I2.18126","url":null,"abstract":"Background and Aim : Having one's own child is one of the strong desires in human being especially in the married persons whom some times and by some reasons are not capable to achieve. Using ARTs is the one of their choices to have a baby while there are some barriers and restrictions for the ARTs applicants, both married and singles, to access which may evaluate in different ways, especially in the light of some basic principles of human rights, including the principles of freedom and non-discrimination and along with, because of the vital importance of respect to child’s rights, the principle of the best interest of a child also is a good criteria for this evaluation. Materials and Methods : In the present study, keywords of persons with disabilities, the best interest of the child, principle of freedom and non-discrimination in databases PubMed, Magiran, SID, ISC and Google Scholar were searched and relevant literatures were searched and analyzed. Ethical Considerations : In this study, honesty in the literature and citation analysis and reporting were considered. Findings : This paper examines the limitations and prohibitions imposed for access to these technologies based on human rights principles. While the respect to freedom and equality of people demand to minimize this restrictions, the best interest of a child principle should be the paramount consideration. In the other words, it is necessary to create balance between the rights of applicants and the rights of future child with a focus on the best interests of the child and to the main purpose of the application of these techniques for humans, with an approach, preventing dehumanization of the technologies. Accordingly, they recommend adoption of legislation and regulations, as well as providing specialized counseling services to the applicants and help them during the decision-making by explaining all existing concerns regarding their child's rights in the future and create a balance between their rights and the future child's. Conclusion : Access to infertility treatment technologies for infertile couples has always creates concerns for service providers about the balance between the rights of parents and future child and policy makers at the macro level. Adoption of laws and regulations, as well as providing specialized counseling services to the applicants and help them during the decision-making by explaining at all existing concerns regarding their children's rights in the future could play an important role in creating a balance between their rights and future child's. Citation:  Ghadiri M. The Restrictions for ARTs Applicants in the Light of Human Rights Principle. Bioeth Health Law J. 2017; 1(2):33-42.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"33-42"},"PeriodicalIF":0.0,"publicationDate":"2017-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.22037/BHL.V1I2.18126","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48775079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Policy of Netherlands and U.S.A on Decriminalization of Soft Drugs","authors":"Seyed Reza Ehsanpour","doi":"10.22037/BHL.V1I2.17885","DOIUrl":"https://doi.org/10.22037/BHL.V1I2.17885","url":null,"abstract":"Background and Aim : Soft drugs are those drugs are very weak in terms of addiction and the effects are highly treatable. The challenging issue regarding this type of drugs is decriminalization of their use. Criminal policy of some countries such as the Netherlands agrees with the decriminalization and criminal policy of many others such as the United States of America is against it. Materials and Methods : In order to review the reasons and justifications of each of parties for and against soft drug decriminalization, ideas of lawyers and scientific studies in Netherland and the United States have been considered, and criminal poly makers’ ideas will be reviewed. Ethical Considerations : Honesty in the literature and citation analysis and reporting were considered. Findings : To justify soft drug criminalization, two classifications of legal and health reasons and justifications can be cited. Legally, it has been stated that drug issue is a problem related to health and treatment domain, and criminal legal intervention in this area must be considered just as the last weapon. In addition, Penologically, punishing soft drug users is unnecessary, ineffective, without favor and unnecessary. Regarding health, it has been stated that no only using some soft drugs such as cannabis is not the reason for being sick, but also it has an effective role in treating incurable diseases such as multiple sclerosis, AIDS, hepatitis, chronic pain and … . Conclusion : Decriminalization of soft drugs has a theoretical and practical background in countries such as the Netherlands and the United States. Soft drugs like cannabis not only have a lower degree of addictive rate rather than Hard drugs like heroin, but also it has some therapeutic benefits. Legally, decriminalization of soft drugs has root in human rights, penology and criminological justifications. Citation:  Ehsanpour SR. Criminal Policy of Netherlands and U.S.A on Decriminalization of Soft Drugs. Bioeth Health Law J. 2017; 1(2):13-22.","PeriodicalId":79926,"journal":{"name":"Health law journal","volume":"1 1","pages":"13-22"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.22037/BHL.V1I2.17885","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44893289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}