Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran.
Abstract: (16 Views)
Background and Aim:The aim of this article is to explain the nutritional care as an emergency right in international documents with a view to Iranian law. Methods:The right to food was recognized as a human fundamental right in Universal Declaration of Human Rights and numerous international instruments. Although for several decades, nutrition was more or less synonymous with food, in the last half century, it has been recognized as a broader concept - the result of several factors, including food, health, etc. Among them, the right to nutritional care - which concerns the nutrition of a sick person hospitalized in medical centers - is of greater importance. Ethical Considerations:Ethical principles have been observed in writing of this article. Results:The right to adequate food was first recognized as a fundamental human right in Article 25 of Universal Declaration of Human Rights in 1948 and the same meaning was considered in Article 11, paragraph 1, of International Covenant on Economic, Social and Cultural Rights, adopted in 1976, as a standard of "adequate living". Although nutrition is mentioned only three times in the Convention on the Rights of the Child, through it's emphasis on food, health and care, it makes clear that adequate nutrition should be considered a fundamental human right. In addition to generally recognizing agriculture as a source of nutrition, the Constitution of Islamic Republic of Iran,in paragraph 12 of Article 3, eliminating any kind of deprivation, including in the field of "nutrition", is considered one of the duties of government and in paragraph 1 of Article 43, "food" is mentioned. Conclusion:Since the right to food security is closely related to the right to food, the right to health and other human rights and it's violation may often disrupt the enjoyment of other human rights such as health, etc., it should be considered an emergency right beyond a human right.