AL-Mostansiriyah journal for arabic and international studies

Abstract
Administrative responsibility witnessed a continuous and increasing development, from the stage when the administration was not responsible for its actions, until the administrative judiciary intervened and approved the administration’s responsibility during the last quarter of the nineteenth century, so the state became responsible in a large aspect of its activities, especially with regard to administrative and organizational functions aimed at managing, running and organizing public facilities.
Health facilities are among the most important facilities that are supervised and regulated by the state, because they affect the health and safety of the individual. Therefore, the administration must make efforts to preserve public health in the country, and it therefore bears responsibility for the actions of its employees if they commit medical errors or cause harm to patients while carrying out their work, especially regarding the tremendous scientific developments and technological progress in medical functions, such as the use of modern and complex technologies adopted by specialists in the medical field.
Medical responsibility for the damages and risks to which the patient is exposed during his treatment is an important legal issue due to its connection to the lives of citizens and public health, which constitutes part of the public order. The courts are also full of claims for compensation on the basis of medical responsibility.
Keywords: liability, administration, medical error, harm, judiciary.

Abstract: -
Medication is a unique and pioneering humanitarian profession in its direct dealings with the human body due to its close relationship between the soul and feelings without an intermediary. Therefore, it is self-evident that those who practice this profession, such as a doctor and who work in this field, possess distinctive qualities and characteristics that are rarely found in other people. As the patient is completely exposed, naked during examinations for many diseases and conditions in front of the doctor, revealing the insides, hidden self, the covering of the body and barriers without reservation or equivocation.
Regarding this, Ishaq bin Ali Al-Rahawi mentioned in his book \" The Doctor’s Politeness \" in the fourth century (A.H), \" that the medical industry is the most honorable of the crafts, knowledge of it is the most ancient of sciences, and it must take precedence over all other crafts and professions\".
It is a divine gift of great honor, \" that medical science is the most noble of sciences after divine science, because its subject is the human body \". It is a difficult and impossible profession except for those who are fortunate and blessed with it, and not everyone who desires it has access to it. It is by agreement of the ancients and the later, a gift from God almighty, it is one of the divine sciences, close to it or the closest.
Key words: - Medical mistakes - Sharia - the law

summary
Medical waste is what results from various medical activities in or outside hospitals, and includes all types of human tissue, blood, and body fluids that must be disposed of, sharp instruments such as syringes and others, waste of medicines and pharmaceutical products, and all materials, clothing, and devices that are suspected of containing disease causes. And contagious.
Hazardous medical waste is defined as “any material that cannot be disposed of in public waste disposal sites or sewage networks, due to its hazardous properties and harmful effects on the environment and the safety of living organisms, and requires special means to deal with and dispose of it.” There is no doubt that the environmental risks of mismanagement of waste in health institutions are very large and negatively affect citizens.
Studies confirm that infectious waste transmits some germs and diseases, as waste containing expired medicines, cancer drugs, radioactive materials, etc., causes pneumonia and other chronic diseases such as cancer. Although the primary source of this waste is hospitals, medical centres, pharmaceutical companies, laboratories and clinics, in addition to medicines used at home, which are no less dangerous than hospital waste, are disposed of in an ill-advised and unsafe manner.
During the Corona pandemic, workers collecting and disposing of medical waste faced a major challenge due to the risk of exposure to waste belonging to Corona patients. The Ministry of Environment burned about 2,000 tons of hazardous medical waste resulting from quarantine places, hospitals, and hotels for those infected with the Corona virus at the beginning of the crisis.
Keywords: medical waste, control, health institutions

Summary:
The research aims to explain the impact of administrative and financial corruption on the Iraqi health sector. This phenomenon became widespread after the year 2003, which is considered one of the most dangerous phenomena of corruption because of its impact on the deterioration of the health aspect, the spread of diseases, and the increase in poverty rates, and its reflection on the moral, legal, and political aspects. Financial and administrative corruption appears in details including tax evasion, lack of oversight, lack and deterioration of health services, increased prices of medicines and their sale on black markets, and the spread of expensive private hospitals.
Among the most important conclusions reached by the research is the absence of moral values, which led to the spread of bribery and crime, weak investment in infrastructure as a result of money smuggling by corrupt people and investing it outside the country, and weak state oversight in enacting laws that protect and provide appropriate health care for citizens. The research also reached the most important recommendations. The necessity of disseminating ethical principles based on honesty and sincerity in work and cultivating the spirit of citizenship among members of society by informing them of cases of financial and administrative corruption while ensuring their protection to achieve the well-being of society.

Keywords: administrative and financial corruption, health reality, Iraq, combating corruption, repercussions, effects, laws

Summary
The right to health care is a basic human right, and constitutions, declarations, and international agreements have enshrined explicit texts for this right. It is the most important thing to protect and provide health care to every human being in all aspects. The right to health care is linked to other rights, and is closely linked to them, and among these rights are: the right to food, the right to housing, and the right to the environment. Health care cannot be provided without these rights and others. The state must provide and protect it in order to achieve human health care.
Keywords: (international protection, health care, food, housing, environment)

Abstract:
Maintaining public health is one of the rights that society guarantees to every citizen, and the state must provide the necessary requirements to enjoy it. This public health consists of protecting the health of citizens from diseases and epidemics, combating them and preventing their spread, preparing vaccination campaigns, monitoring food, imposing the necessary health restrictions on public stores, and preparing safe water. To drink and work to protect the environment from pollution, the administration is represented by administrative control bodies, which are concerned with preserving public health. It cannot provide these requirements except through the use of many means, the most prominent of which are regulations and systems for preserving public health as well as individual administrative decisions in addition to Resorting to direct coercive execution.
Keywords: legal regulation, health administrative control.

Abstract
The health care sector in Iraq, including the dental sector, suffers from many problems related to the efficiency of the health system and the services it provides, as many dentists do not provide the required services when are employed in the government sector because the nature of this profession is characterized by providing auxiliary medical service in most cases in addition to the problem of combining work in the public sector and work in the private sector. The increase in the number of private colleges and the number of students studying the specialty of dentistry led to an increase in the number of graduates from these colleges, and this resulted in important consequences in terms of a decline in the level of educational outcomes in addition to an increase in government spending on the salary budget instead of spending on developing the efficiency and services of the health system. All of this requires putting forward realistic recommendations to address the existing problems and their consequences, such as preventing the combining work in the public sector and work in the private sector, legislating laws, and issuing regulations and instructions that help provide dental services of good quality and at reasonable costs paid by the beneficiaries of that services.
Keywords: health care, private sector, health insurance

Abstract
This study revolves around a very important topic, which is biotechnological development, which is witnessing rapid development and widespread spread, and which poses many ethical and legal problems and how to provide civil protection for its users, especially because there are no special legal rules to regulate it, and in particular because of the effects that result from its use, obtaining that lead to harm to human health. In order to arrive at a legal formula that regulates the issue of civil protection for this development, we have concluded that there is an inability and deficiency in the applicable traditional legal rules for civil liability to accommodate some types of medical behavior that make it difficult to prove that damage occurred as a result. For medical error, especially in the field of unusual medical procedures. The study concluded with proposals that help organize the implementation of such techniques, and also help develop medical responsibility. In order to keep pace with the development of medical business.
Keywords: biotechnological techniques, gene therapy, genetic fingerprinting, biosafety, civil protection

Summary:-
The field of infectious diseases has witnessed a significant expansion in recent times, as a result of the spread of many viruses and epidemics that are transmitted through infection, such as AIDS and hepatitis C disease, which is transmitted through contaminated blood, as well as the emerging Corona virus (Covid 19) The human mind cannot forget what the world went through during the twenty-first century of infectious diseases caused by viral infection.
The virus may settle in the human body without showing any signs of it, however, some infected patients may show symptoms similar to the symptoms of other diseases and associated with the virus that causes the infectious disease, which is - in most cases - less dangerous than the infectious disease that is intended to be prevented, and it can be said that the symptoms vary from one disease to another, and also vary from person to person according to the degree of immunity.
Thus, the study in this research will revolve around two requirements, we present in the first requirement the acquired infection and infection by mixing, then we address the second requirement methods and prevention of infectious diseases, as follows: -
The first requirement: - Acquired infection and infection by mixing.
The second requirement: - Methods of prevention of infectious diseases.

Summary
The medical profession and other auxiliary professions had a great importance in Islam, so women in the era of the Prophet (peace and blessings of Allaah be upon him) practiced the medical profession, and the Prophet (peace and blessings of Allaah be upon him) urged to seek healing by means of treatment and perfume known, so men and women had a great role in practicing the professions of medicine and nursing in the early days of Islam.
And here is Rufaida Al-Aslamiyah, which is considered the first nurse in Islam, which is Rufaida bint Saad Al-Ansari, the owner of the first medical tent in history and the first to build a field hospital in the Islamic invasions, and her father was a skilled doctor, so she gained a lot of medical knowledge from him, and Rufaida participated in the invasions of the trench and Khaybar, and she was of great wealth, so she was spending on her work from her own money with effort and money for the sake of God Almighty and she loved to participate in the invasions, so the Prophet (peace and blessings of Allaah be upon him) chose her And he was delivered to treat the wounded with a mobile tent during the invasions, and the Prophet (peace and blessings of Allaah be upon him) Also, one of the companions who carried out the nursing profession was Sayyida 'Aishah (may Allaah be pleased with her), as she went out with um Salim in the Battle of Uhud with the Prophet (peace and blessings of Allaah be upon him) and used to make the Prophet (peace and blessings of Allaah be upon him) sick when he became ill before his death.
For this reason, guarantees and protective means must be put in place for everyone who carries out the nursing profession in health institutions, and positive legislation must provide for many means of security and protection for nursing staff in health institutions in order to preserve the health and safety of patients and injured.
Therefore, this study came under the title (Legal and Sharia Protection of Nursing Staff in Health Institutions) A Study in Islamic Sharia and Positive Law.

Abstract
The right to obtain medicine is one of the rights linked to the right to health, as health cannot reach its highest levels unless the access of medicine to patients is ensured. National legislation and international conventions have enshrined this right while protecting the right to health, but this matter was not sufficient to achieve the goals set. International organizations seek it in order to reach its highest levels. Rather, international efforts and national efforts must be in harmony to achieve this goal, either by stipulating the protection of this right in their national legislation, and that the policy of health institutions and bodies be consistent with the legal texts, meaning that they apply the law in a realistic manner and this It is the essence of the problem that is exacerbated whenever a country is less developed than others, as this harmony is achieved for developed countries. As for the developing countries of the Third World, even though they have enshrined the protection of this right in their laws, the inability to implement their international obligations appears in the practical application of legal texts, i.e. Before the
. health authorities
Keywords: the right to obtain medicine, the right to health, guaranteed access .to medicine, health reality, provision of medicine

ABSTRACT
Medical staff perform tasks of a purely humanitarian nature, they are the bandage of life in peacetime and during armed conflicts, with their noble and noble services, and there is no doubt that their work is fraught with dangers such as the constant attacks that affect them, as we notice from time to time that they are subjected to attacks at their workplace and outside, although international law granted this category immunity, especially during armed conflicts, they may not be the target of enemy military attacks, even if they belong to the armed forces, and their protection dates back to 1864, when the government the Swiss held a diplomatic conference in Geneva in which the member states adopted the first conventions of international humanitarian law, namely " The Geneva Convention for the amelioration of the condition of the wounded of armies in the field, followed later by the four Geneva Conventions and the two additional protocols thereto, and therefore this study seeks to clarify the legal protection provided by Iraqi national law and international humanitarian law for medical personnel and an attempt to clarify the paradoxes between the meaning of medical personnel in both laws.
Keywords:- Staff - Doctors - Framework - Protection - Agreements.

Abstract:
Air pollution is one of the most serious problems that cause damage to the environment and thus affect the food security of the state. The research showed the concept of air pollution, its sources and chemical composition, the environmental reality of the city of Baghdad and its impact on food security, the problem causing air pollution, the sources affecting air quality and its risks, pollutants and their effects on security Food for the city of Baghdad, such as (No2- NMHC- Pm10).
The research has reached the most important solutions and treatments, such as improving local, industrial and municipal waste management, building a public transportation system and public transportation networks, providing comprehensive access to clean fuels and technologies, investing in clean energy generation, reducing waste burning, as well as installing stations to measure pollutants and using modern technologies and programs. Enacting the necessary laws and penalties to control and reduce air pollution.
Keywords: air pollution, food security, pollutants, air quality, Pollution risks، environmental damage.

Abstract:
The medical and health cadres working in health institutions are one of the basic and important segments, as they perform a humanitarian medical service for members of Iraqi society that cannot be dispensed with, and that the phenomenon of exposure of these cadres to assault by patients or one of their companions reflects negatively on the Iraqi health reality and leads to the migration of medical cadres outside the country in search of security and protection and then threatens the entire health sector, in light of the lack of application of laws legislated to protect doctors and health cadres, and The absence of an active role for medical and health unions in defending the rights of this segment, and the lack of support provided to these cadres by their health institutions.
Keywords: The Phenomenon of aggression, Medical Personnel, Health Personnel, Health institutions, Iraq.



Abstract:
The medical and health cadres working in health institutions are one of the basic and important segments, as they perform a humanitarian medical service for members of Iraqi society that cannot be dispensed with, and that the phenomenon of exposure of these cadres to assault by patients or one of their companions reflects negatively on the Iraqi health reality and leads to the migration of medical cadres outside the country in search of security and protection and then threatens the entire health sector, in light of the lack of application of laws legislated to protect doctors and health cadres, and The absence of an active role for medical and health unions in defending the rights of this segment, and the lack of support provided to these cadres by their health institutions.
Keywords: The Phenomenon of aggression, Medical Personnel, Health Personnel, Health institutions, Iraq.

Summary:
The Iraqi legislator followed in issuing the Law on the Prohibition of Games Inciting Violence No. (2) of 2013 a legislative policy that has an impact on physical and psychological health on society in general and children in particular, as games inciting violence of any kind are realistic or electronic affect health and social culture in a serious gradual impact, and this entails the prevalence of acts of violence and violence of all kinds from the strong to the weak among members of society, which is a very dangerous phenomenon because it is considered The basis for the militarization of society and its readiness for wars and their scourges, and The legislation of such a law is a commendable direction for the Iraqi legislator despite its generality, as it is considered a response to a necessary and important social need for public health, but the question that arises is the extent of the application of this law on the ground and whether it helped to end the existence of games inciting violence or reduce them in the Iraqi street, what is the benefit of legal texts that remain on paper without actual application, and what are the endeavors made by the state through the relevant ministries To apply it, in addition to presenting the Iraqi legislation supporting this law and the position of Arab legislation In the treatment of this phenomenon, this is what we will show in the folds of this research.
Keywords: public health, games, violence, kids

Abstract
In this research , We studied the right to health care people with disabilities , which is considered one of their most prominent rights at all ,as we explained the most important standards that must be met in this right , such as the standard of quality and accessibility.
We also reviewed the international and national positions on the right to health care for people with disabilities through the most important documents and the laws concerned with the subject under discussion and comparing them with reality , as
we noticed that there is a vast difference between the legal and applied sides.
Therefore , this leads to the necessity of taking some serious steps to reduce the differences .
Keywords : Health care , people with Disabilities , Health reality .

Abstract
The pharmacy profession is considered one of the oldest professions practiced by man, and it has accompanied the medical profession over time. Despite this importance, some mysterious phenomena have appeared, and given the modernity of these contracts, they have not been regulated by the legislator in the required manner, and therefore among these phenomena are Some pharmacists allow other non-specialized people to benefit from their license to practice their profession, by opening a pharmacy and receiving visitors from people in his name and with his own license, as well as employing some non-specialized workers in those pharmacies and working as assistants, which calls for finding the appropriate legal adaptation for this situation. And bear the legal responsibility for workers in pharmacies who are not specialists in the pharmacy profession, in accordance with local legislation and laws and the health system and in accordance with what is stipulated in the Iraqi Pharmacy Practice Law No. (40) of 1970, while there is negligence and contradiction in the legislative texts and laws in dealing with such cases. As well as the weakness of the supervisory role over pharmacies, the legislator is also required to find appropriate solutions by identifying them and stating their civil and penal responsibility if they violate the legal rules for practicing this profession.
key words :
Public health law, pharmacy, pharmacist, non-specialists.

Abstract:
The problem of medical plagiarism and administrative corruption in Iraqi health institutions is one of the critical issues that need to be addressed seriously and deeply, and it is also a growing phenomenon that threatens the reputation and quality of health care programs in Iraq, as it negatively affects the level, efficiency and continuity of Health Services received by citizens.
Accordingly, based on the data of the health system in Iraq and the problems it contains, the consequences of plagiarism and administrative corruption, we had to proceed with our vision of this topic from these data and from the tracks of the health reality, which is characterized by complexity due to the size of the structural and structural challenges it faces .
It should be noted that the goal of choosing this topic in the study and research is to seek to provide a comprehensive and detailed vision to confront medical plagiarism and administrative corruption in Iraqi health institutions, as recently there has been an increase in this phenomenon and its growing repercussions in society, which has caused confusion about the existence of fake medical clinics practicing medical plagiarism at multiple levels, as the number of professional beauticians to train in An internationally recognized Institute for obtaining an accredited certificate, as well as the proliferation of clinics claiming alternative treatment that review unlicensed and unknown source treatments and drugs, besides there are people impersonating doctors and presenting themselves with medical scientific descriptions that deceive citizens and lure them under the names of treatment and health services, and this requires a serious pause by officials of the health sector in the doctors and their work.
At the same time, administrative corruption in the health sector embodies a serious challenge facing the health institution and has a clear negative impact on the health care and services sectors ,the manifestations of corruption are moving towards achieving the sagging ability to provide health services due to the loss of health care allocations, theft, bribery and extortion, which helps deprive citizens of basic medical care and therefore human suffering is the real result and the high price as a result of corruption in the health sector.
Here, when choosing to write on this topic and presenting a new vision, we had to review the concepts associated with medical plagiarism and administrative corruption and highlight their harmful effects on the quality of health care and integrity in the management of health institutions, as well as review the main factors contributing to the emergence of medical plagiarism and administrative corruption, including psychological, structural and cultural factors.our writing was not only oriented there, but it was necessary to develop basic indicators for strategies to confront these dangerous phenomena that afflict and destroy the health sector.

Abstract:
The lraqi constitution voted on in (2005) required the state to ensure a good health environment for members of society, while providing health care to the individual from birth until his death, in order for the individual to live a decent and happy life, in order for this goal to be achieved ,the state is required to adopt programs and policies that seek to secure all health services, and reducing the rates of deprivation of the individual from obtaining the necessary health services and medicine.the lraqi individual hassuffered from time immemorial harsh conditions as a result of wars and sieges and the repercussions of those wars on the level and quality of health care ,and even its lack, as depriving the individual of access to health care is this ceuses exposure to illness, disease, and even death, especially for children under the age of five, and after the Corona crisis has devastated the traditional health sector, as the state spends approximately (6%) of the total public spending annually on the health sector, and most of this spending is spent on expenses .Operational ,which requires reconsidering (directing spending, quality of service, encouraging foreign investment in manufacturing medical equipment, telemedicine). These policy alternatives will be discussed in terms of advantages and disadvantages and their feasibility will be demonstrated.

Abstrac
One of the basic issues that any country faces in its political health system is the funding it provides for health services to citizens, This study dealt with the strategy for financing health services in Iraq after years of deteriorating health conditions and its impact on the lives of Iraqis, with a lack of health services and a lack of infrastructure, medicines and medical devices, Iraq faced a health crisis in light of the Covid-19 pandemic in order to contain the spread of the virus2020, Many Iraqis still feel that the government lacks a clear strategy in this regard, as cases of the “Covid-19” epidemic have reached 1.4 million people, of whom 17,000 have died, and the numbers may be much higher given that official numbers are often unreliable, With the arrival of this epidemic in Iraq, the lack of hospitals, equipment, and laboratories was clear, According to some estimates, Iraq needs more intensive care beds, and in fact, the government's wrong policies have exacerbated the situation.
Improving the health system in Iraq is fundamentally linked to moving towards a strategy for financing health services and combating corruption, two conditions that the Iraqi government has failed to achieve since 2003. This paper presents four basic axes: the concept of financing health services, sources of financing, and a strategy for financing health services, as well as recommendations.

Abstract:
Medical errors and violence against healthcare professionals are significant healthcare and social challenges in Iraq. Cases of medical errors have increased, and incidents of violence against healthcare workers have risen in recent years. This problem has a detrimental impact on the quality of healthcare provided to patients and affects patient satisfaction and trust in the healthcare system.
This study aims to analyze medical errors and violence against healthcare professionals in Iraq, identify contributing factors to this phenomenon, and provide recommendations for improvement. The analysis includes assessing the impact of medical errors on patients in terms of health, economics, and trust in healthcare, as well as studying the effects of violence against healthcare professionals on the healthcare workforce and the quality of services provided. Additionally, it examines Iraqi laws and policies related to medical errors and violence against healthcare professionals and offers recommendations to enhance the protection of healthcare professionals and improve healthcare overall
Keywords: Medical Errors, Healthcare Violence, Healthcare Challenges, Patient Safety, Iraq Healthcare, Healthcare Quality, Healthcare Professionals, Trust in Healthcare, Legal Framework, Policy Recommendations

Abstract:
Before the eighties of the last century, Iraq developed a good infrastructure, an education and health care system, and clear economic growth through its positive indicators. Since then, successive wars and a centralized state-dominated economic system have stifled growth and development, deteriorating basic infrastructure and social services provided to the Iraqi people, and international economic sanctions imposed in 1991 have hurt the economy.