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conceptual coordinates of (mother's threat and danger of life) in therapeutic abortion laws (single article correspondence of therapeutic abortion 1384 and the article note 718)
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نویسنده
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zargarian taha ,sadegh pour mohammad jafar ,khazaei meysam ,zargarian taha ,zargarian taha ,sadegh pour mohammad jafar ,sadegh pour mohammad jafar ,khazaei meysam ,khazaei meysam
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منبع
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مطالعات زن و خانواده - 1399 - دوره : 8 - شماره : 4 - صفحه:1 -20
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چکیده
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Legislator with the legislation of the single article of therapeutic abortion 1384 and also the article note718 to a large extent, can change the conflict of votes regarding the abortion license to the unity of the vote. however, the literature of these two articles and their correspondence with each other has led to an ambiguous reading for medical and judicial experts. to the point that the concept of the abrogation of the single article 84 is strengthened by article 718. the first ambiguity is the mention of the words threat and danger in the legal materials. article 84 states that if the mother is threatened with death, it is possible to abort the fetus by considering some conditions. the article note718 issues the same license with the phrase a danger to mother’s life. why does the legislator have two different interpretations? do any of the words threat and danger indicate a particular issue that the legislature has deliberately mentioned? the second ambiguity is about the possibility of developing the concept of a condition of threat or danger to life; is the legislator's purpose of the condition of threat or danger to life exclusive to death or does it include the failure and loss of organs? this paper adopts descriptive-analytical method based on medical and jurisprudential data and concludes that there is a substantial difference between the words threat and danger in the legislative language. this difference prevents the abrogation of article note 84. it can also be concluded that in the case of the possibility of developing the concept of danger to life to the deterioration of organs and benefits, there should be a difference between before and after the soul is blown.
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کلیدواژه
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mother ,therapeutic abortion ,danger of life ,threat of life ,benefits
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آدرس
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ayatollah boroujerdi university, researcher center for the study of forensic medicine, iran. ayatollah boroujerdi university, researcher center for the study of forensic medicine, iran, shahrekord university, iran. shahrekord university, iran, ayatollah boroujerdi university, iran. ayatollah boroujerdi university, iran, ayatollah boroujerdi university, researcher center for the study of forensic medicine, iran, ayatollah boroujerdi university, researcher center for the study of forensic medicine, iran, shahrekord university, iran, shahrekord university, iran, ayatollah boroujerdi university, iran, ayatollah boroujerdi university, iran
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پست الکترونیکی
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meisam.khazaee@abru.ac.ir
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conceptual coordinates of (mother's threat and danger of life) in therapeutic abortion laws (single article correspondence of therapeutic abortion 1384 and the article note 718)
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Authors
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Zargarian Taha ,Sadegh Pour Mohammad Jafar ,Khazaei Meysam ,Zargarian Taha ,Zargarian Taha ,Sadegh Pour Mohammad Jafar ,Sadegh Pour Mohammad Jafar ,Khazaei Meysam ,Khazaei Meysam
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Abstract
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legislator with the legislation of the single article of therapeutic abortion 1384 and also the article note718 to a large extent, can change the conflict of votes regarding the abortion license to the unity of the vote. however, the literature of these two articles and their correspondence with each other has led to an ambiguous reading for medical and judicial experts. to the point that the concept of the abrogation of the single article 84 is strengthened by article 718. the first ambiguity is the mention of the words threat and danger in the legal materials. article 84 states that if the mother is threatened with death, it is possible to abort the fetus by considering some conditions. the article note718 issues the same license with the phrase a danger to mother’s life. why does the legislator have two different interpretations? do any of the words threat and danger indicate a particular issue that the legislature has deliberately mentioned? the second ambiguity is about the possibility of developing the concept of a condition of threat or danger to life; is the legislator's purpose of the condition of threat or danger to life exclusive to death or does it include the failure and loss of organs? this paper adopts descriptive-analytical method based on medical and jurisprudential data and concludes that there is a substantial difference between the words threat and danger in the legislative language. this difference prevents the abrogation of article note 84. it can also be concluded that in the case of the possibility of developing the concept of danger to life to the deterioration of organs and benefits, there should be a difference between before and after the soul is blown.
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Keywords
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mother ,therapeutic abortion ,danger of life ,threat of life ,benefits
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