Journal of Applied Legal Studies

The importance of this topic is to protect the pregnant mother and her newborn from the risks of deformity, the proportions of which have increased in recent years. This study aims to diagnose who is responsible for these deformed births and compensate those harmed as a result of the material and moral damage suffered by the deformed newborn and his family, through our focus on addressing the deformity with the recommendations that must be implemented. Represented by recommending legislation to enact binding and clear laws to reduce cases of deformity in the world.

This research deals with the subject of the patient's lack of consent of treatment and its legal effect on Iraqi legislation, as the patient's satisfaction is a prerequisite for the legitimacy of any medical intervention. This satisfaction is achieved through the informed approval that requires the patient to be informed of all the details of the treatment, including its benefits and risks. However, there are cases in which this principle may be exceeded, which raises legal controversy over the legitimacy of medical intervention without the patient's satisfaction and the legal responsibilities arising from him . The research reviews the cases in which the patient's satisfaction may negate, including the loss of legal eligibility (such as the case of minors or those with mental illnesses), coercion, deceit, medical necessity, and ignorance of information. The research also addresses the position of Iraqi legislation on these issues, as it refers to the laws regulating the approval of patients, such as the public health law, the Iraqi penal law, and the instructions of the Medical Syndicate. The research is highlighted by the legal dimensions of lack of contentment, as it may result in a criminal responsibility if it causes damage or death, and a civil responsibility that allows the patient to claim compensation, in addition to a disciplinary responsibility that can lead to professional penalties against the doctor. The research concludes with a number of recommendations, the most important of which is the necessity of issuing more clear legislation on enlightened approval, accurately defining exceptions, and activating the role of the judiciary in medical errors cases, as well as enhancing the legal awareness of patients and doctors. The research emphasizes the importance of achieving a balance between the patient's rights in determining his fate, and the doctor’s duty to save life, to ensure the justice of the health system in

Tax is no longer, as it was under traditional finance, a mere financial tool to achieve financial abundance (revenues) for the state, but has become a tool of financial policy through which the state can achieve a set of economic, social and even political goals, including the health goal, and preserving human health is one of its clearest forms.
This goal is included within the social goals sought by tax policy, and this is shown by the Iraqi Constitution of 2005 when it stipulates in Article (30) health insurance for every individual, as well as the tax texts that impose taxes on goods and things that cause harm to human health, such as the tax on tobacco, the tax on alcoholic beverages and the tax on petroleum derivatives (fuel), which also causes harm to the environment.
Through this research, we will show how the tax on things that cause obesity (obesity) achieves the desired goal, which is preserving human health.
Therefore, the research problem appears to us that the Iraqi tax system is devoid of such a tax, and another problem appears, which is whether the tax on goods and beverages that cause obesity can limit it or at least reduce the diseases that result from it. Here we pose the following legitimate question: Can the tax (obesity tax, for example) alone within the tax environment (tax system) achieve the intended goal (objective), which is to preserve human health?

Today, the world is witnessing a significant increase in the spread of the phenomenon of counterfeit medicines, which may contain either components that are not suitable for the medical condition from which recovery is sought, or a large percentage of components exceeding what is specified. Or vice versa, a small percentage of components, and may not contain any components as stated on the box, bottle or packaging of the medicine, in addition to the possibility of containing components harmful to health. Given the harmful effects that may arise from the use of these medicines, including their inability to achieve recovery for patients suffering from a disease. And their failure to achieve the desired goal of purchasing them. In addition to the negative effects that taking these medicines may have, which may lead to a worsening of the patient's condition and may lead to him contracting a chronic disease or leading to his death. Therefore, the national legislator and many entities, such as institutions, societies or unions, have been interested in working to provide protection for the consumer who takes the aforementioned medicines. In Iraq, for example, the Iraqi legislator has issued many laws that regulate the practice of the pharmacy profession and the trade in medicines. The first of these laws is the Pharmacy Law of 1923, then Law No. 86 of 1956 on the practice of the pharmacy profession and the trade in medicines and toxic substances. In addition to other laws that regulate matters related to pharmacy and the sale of medicines, which include some principles that guarantee protection from counterfeit medicines. As well as the authority enjoyed by the health administration and the Pharmacists Syndicate to make decisions and issue instructions regulating the circulation of medicines, and limiting the sale of counterfeit medicines. Consumer Protection Law No. 1 of 2010 also includes some general principles for protecting the consumer from the harms of counterfeit medicines. This research deals with aspects related to the legal protection of the consumer from the harms of counterfeit medicines by first examining the phenomenon of counterfeit medicines, then the responsibility for the harms resulting from them and the means of protecting the consumer from the harms of these medicines. Based on the above, the research will be divided into two sections as follows:

Over the past century, various activities have clearly played a role in disrupting the natural balance in a way that was previously unclear. Examples of this include neglect in the agricultural sector, which has resulted in desertification. Deforestation and the conversion of agricultural land to residential or industrial land have also played a role. In addition, the emission of gaseous pollutants has led to an increase in toxins in the atmosphere and a shift from natural rainfall to acid rain. Not to mention wars and the harmful effects of radiation on humanity. Therefore, environmental pollutants have become a serious matter of the times, and this is what prompted specialists in financial and tax jurisprudence to search for solutions to these problems that have become dangerous to present and future generations. As a result of what happened, as we mentioned above, and the increasing need of society and individuals for economic prosperity, and the pursuit of changing the economic and health system and creating a clean environment through a policy of programs that preserve natural revenues and make the environment clean of pollutants, which prompted us in this study in our field of specialization and what God Almighty said (Do not cause corruption on the earth after its reformation. That is better for you, if you are believers) in addition to the existing principles, the most important of which is the principle of (the polluter pays), which means that those who caused or produced pollution must bear the cost of the damage caused by pollution. Therefore, the environmental tax, which is called the green tax, was enacted with its two sides, the deterrent and the incentive, as a legal tool in order to create a healthy and clean environment through the legislation of a tax law that prevents pollutants.

Consumer health protection is among the most important issues of concern to those in the legal field, given its impact on various levels. Therefore, the following question arises: What is the legal protection for consumers in health laws? Does this protection only cover consumer health? And what are the texts that address this area? To answer these questions, we must examine the legal and regulatory texts related to health protection within the framework of the Consumer Protection Law, which we did through this research. We analyzed the texts of the Iraqi Consumer Protection Law and compared it with the Lebanese Consumer Protection Law, given its developments. We concluded that the Iraqi Consumer Protection Law requires significant amendments to its texts to become a law capable of providing legal protection for consumer health.

The function of health administrative control is one of the modern aspects of administrative control, as it was not originally part of the state’s duties under the concept of the “watchman state,” which limited its role to maintaining security and resolving disputes. Health and its requirements were left to individual initiatives. However, with human progress and the evolution of the state’s role into an interventionist state responsible for meeting basic needs, the importance of public health became undeniable. Public health is a fundamental element of public order, which is the ultimate objective of administrative control.
Since health administrative control aims to protect public health as an essential component of public order, maintaining drug security also contributes to preserving public order. The shortage of medicines, inadequate distribution to citizens, and the spread of counterfeit, smuggled, and expired drugs can lead to social unrest, affecting overall public security.

Standard specifications play a prominent role in improving the quality of various products and services. These specifications have become a goal sought by most competent authorities, and a matter of concern for establishing bodies responsible for issuing standard specifications and obligating all stakeholders to meet their requirements. Failure to do so will result in penalties.
The systems established in the approved standard specifications play an integral role in improving the performance of healthcare facilities. They provide operational guidelines and requirements for achieving quality and performance efficiency.
This provides a roadmap for various healthcare sectors to achieve the required standard, and subsequently achieve quality and continuous improvement in performance.
This certainly requires the enactment of a comprehensive and effective set of legislation that will pave the way for customer satisfaction in this important sector.

Illicit trafficking in psychoactive drugs is one of the dangerous phenomena that threaten the health of individuals and communities alike. This activity involves the illegal sale and distribution of drugs, often by individuals who are not qualified in the field of pharmacy, leading to negative consequences for public health and the national economy. The causes of this phenomenon are attributed to economic and social factors, in addition to the weak legal oversight and technological advancements that facilitate smuggling operations. The consequences of this trafficking include the spread of diseases and health hazards within society, as well as increased burdens on the healthcare system. Moreover, the world faces numerous challenges in combating this phenomenon, such as the rising demand for drugs and cross-border smuggling. This issue requires a coordinated international legal response, with the need to strengthen legislation and regulatory oversight to combat the illegal drug trade and protect public health.

There is no doubt that the pharmaceutical industry is one of the most important vital industries at the local and global levels, due to its close connection to human health. Global companies have worked to protect their pharmaceutical innovations and inventions, especially undisclosed information, by controlling the global markets for pharmaceutical products and achieving more profits, without taking into consideration the circumstances and conditions of developing countries.
On this basis, the Iraqi legislator’s treatment of the Patents, Industrial Models, Undisclosed Information, Integrated Circuits and Plant Varieties Law No. (65) of 1970, as amended, was brief and insufficient to cover this subject. The Iraqi legislator did not clearly regulate the provisions of undisclosed information, but rather addressed it briefly, as it included only two articles, namely Articles (30, 31). Contrary to comparative laws that have dealt with it in several specific legal texts, the obligation to confidentiality is not limited to the holder of undisclosed information, but rather includes persons who receive confidential information by virtue of their work. Is the breach of confidentiality in maintaining this information limited to its legal holder or can it extend to others?

The right to health is one of the most prominent human rights included among the economic and social rights stipulated in constitutions, international covenants, and laws. Iraq is constitutionally obligated to guarantee this right, as stipulated in its 2005 Constitution, which stipulates the state's responsibility to provide social and health security and protect a healthy environment. This study examines the legislative guarantees established by the state to protect the right to health. This includes an analysis of national laws and judicial guarantees, and an explanation of the role of Iraqi courts in protecting this right through judicial oversight of health procedures. It also highlights the most important judicial rulings issued in this context, patient rights, and the obligations of public hospitals. It also addresses the most important challenges facing the health system in Iraq and the methods to address them.

One of the requirements of the human right to health is to receive the appropriate medication that helps to cure the diseases he suffers from, which forces the patient to seek the help of a professional, specialized and experienced person to dispense this medication to him, who is known as a pharmacist, which may raise his responsibility for the harm that befalls the patient, this responsibility that was not the subject of agreement and consensus among civil law jurists, but was the subject of great controversy regarding its legal basis.
One side of jurisprudence went to that it is a contractual liability, even if the rules of the latter do not provide sufficient protection for the harmed patient, which we preferred and addressed with recommendations that we hope the Iraqi legislator will adopt, and the other trend sees that it is only a tort liability and presented arguments to support its opinion, which we did not prefer and worked to refute these arguments, even if it is possible for the pharmacist to be liable for tort in some cases, and we addressed the research problem with a comparative analytical approach between the Iraqi Pharmacy Practice Law No. (Pharmacy No. (40) of 1970 as amended, the Egyptian Pharmacy Practice Law No. (127) of 1955 and the Egyptian Civil Law, and the French Health Law (2000-548) of 2000, in addition to the civil laws in these countries.

The right to health is a fundamental human right, and has received considerable attention from drafters of international agreements, constitutions, and national laws. The human right to health is broad in both content and scope. It is not limited to the enjoyment of good health, free from disease, but rather encompasses all aspects of providing and ensuring that health, including infrastructure, medicines, vaccines, health institutions, personnel, and more.
Within the framework of this research, we will focus on defining the human right to health and communicable diseases, while addressing the protection of substantive criminal law to protect the right to health against communicable diseases, as they are among the most dangerous and impactful types of diseases on a person's enjoyment of good health. A prime example of this is what the entire world experienced at the end of 2019 when the coronavirus spread, as one of the most prominent examples of communicable diseases. We conclude the research witha conclusion that includes the most important findings and proposals.

The patient record is a series of documentation of the dedicated services provided within the framework of maintaining the health of the patient, which can be used as evidence of the quality of services and their documentation for patients, hospitals, and doctors before the judiciary. This comes from the fact that the medical record contains information that contributes to establishing legal certainty based on the quality and reliability of health services in order to promote the status of health law or medical law and provide evidence to uphold the application of the human right to health. The serious medical record is regarded as a standard for professional health services, in addition to providing an overview of the quality of health services in health facilities. Accordingly, the quality of the medical record will provide significant trust to patients and community members in general, especially concerning the guarantees regarding the accuracy of procedures and the completeness of information about the health services being implemented. This record, with the value it contains and the importance it adds to the individual's right to health, will be subject to crimes aimed at concealing the truth or adding false information or misusing it unlawfully. The research aims to review the penal aspects of protecting patient records between Iraqi and British legislation

Automated pharmacies have become a modern technology that is fundamentally transforming the pharmaceutical sector and the pharmaceutical market. They rely on automating pharmaceutical processes, from medication storage to dispensing. This research aims to study the impact of these pharmacies on business activity, both in terms of improving efficiency and reducing human error, and the impact on traditional job opportunities for pharmacists.
This research addresses the topic of medical errors resulting from the use of robotic pharmacists in the pharmacy profession. It highlights the nature of medical errors that may occur during the dispensing or preparation of medications using robotic pharmacists. The research examines the technical, legal, and ethical aspects associated with these errors, focusing on their impact on the quality of healthcare services and the pharmacy profession in general. The research also reviews recent technological developments in this field and their role in reducing human error and improving efficiency, while taking into account the potential challenges that may arise from the increasing reliance on robots.

International trade agreements have a significant impact on the protection of regulatory data for pharmaceuticals, as these agreements aim to strike a balance between encouraging innovation and protecting intellectual property rights on one hand, and ensuring access to affordable medicines on the other. Regulatory data for pharmaceuticals, which includes clinical and non-clinical information submitted by pharmaceutical companies to Competent authorities for approval, is considered a commercial asset that requires legal protection.
Several agreements under the World Trade Organization (WTO) form the basic legal framework for regulating the protection of regulatory data internationally. These agreements stipulate the necessity of protecting such data from unfair use or disclosure, while leaving it to individual countries to determine the specific details and mechanisms of protection within their national borders. This variation leads to disputes between developed and developing countries, with the former seeking to strengthen protection to encourage innovation.
This topic was examined through two sections: the first discusses the nature of regulatory data, and the second addresses the legal protection of regulatory data.

يُعدُّ حق الإنسان في بيئة صحية أحد اهم الحقوق التي يتمتع بها الإنسان ذلك لأنَّ هذه البيئة تمثل المحيط الذي يعيش فيه الإنسان ويزاول فيها نشاطاته، ومن ثم فإنَّ وجود بيئة صحية تكفل للإنسان مقومات النمو والتطور والإبداع، يُعدُّ هدفاً أساسياً من أهداف المجتمع المعاصر، وهذا ما يدلُّ عليه الواقع العملي للمجتمعات المعاصرة، إذ نلحظ بأن المجتمعات التي جعلت من وجود بيئة أحد أهدافها هي مجتمعات يسود فيها التقدم والإبداع، بينما نلحظ أن المجتمعات التي تفتقد إلى مقومات البيئة الصحية ولا تسعى على توفير هذه المقومات هي مجتمعات تسود فيها الأمراض والتخلف.
وقد اهتمت المواثيق الدولية وإعلانات الحقوق المتعلقة بحقوق الإنسان بموضوع حق الإنسان في بيئة صحية وعدّته ضرورة لا غنى عنها لتطور المجتمع وتقدمه وحثّت على اتخاذ التدابير والإجراءات كافة بقصد تهيئة مقومات وجود بيئة صحية. وكذلك استأثر هذا الموضوع باهتمام الدساتير الوطنية ومنها دستور جمهورية العراق لعام 2005 الذي قرر في المادة (33) بأنه " أولاً: لكل فرد العيش في ظروف بيئية سليمة. ثانياً: تكفل الدولة حماية البيئة والتنوع الأحيائي والحفاظ عليها ". وكذلك ما قررته المادة (31) من هذا الدستور التي قررت بأن " لكل عراقي الحق في الرعاية الصحية، وتعنى الدولة بالصحة العامة، وتكفل وسائل الوقاية والعلاج بإنشاء مختلف أنواع المستشفيات والمؤسسات الصحية ". أما على صعيد التشريع فقد اهتم المشرّع العراقي بموضوع حق الإنسان في بيئة صحية وذلك من خلال إصداره العديد من القوانين التي تكفل توفير مقومات البيئة الصحية.
إلاّ أنه على الرغم من الجهود المتقدم ذكرها فإن الواقع او العمل يكشف عن وجود مخالفات وتجاوزات وانتهاكات جسيمة لحق الإنسان في بيئة صحية، ومن هذه الانتهاكات الاستغلال السيء أو الجائر أو التعسفي للموارد الطبيعية وعناصر البيئة بهدف تحقيق المكاسب والأرباح، الأمر الذي أدى إلى اختلال التوازن البيئي، وظهور ما يُعرف بظاهرة " تغيير المناخ " وانعكس ذلك ليس على البيئة، بل على صحة الإنسان حيث ظهرت العديد من الأمراض التي يعرفها الإنسان في الماضي. ويمثل هذا البحث محاولة لبيان الجوانب القانونية المتعلقة بحق الإنسان في بيئة صحية. وبقصد بيان هذه الجوانب سيقسم البحث على مبحثين وكالآتي:

With the rapid advancement of medical technology and the growing reliance on artificial intelligence in healthcare, new legal and security challenges have emerged. While these technologies offer significant improvements in the quality of healthcare services, their misuse raises serious concerns about criminal liability and the mechanisms needed to prevent associated risks. Violations of health data privacy, AI-driven medical errors, and fraudulent practices involving medical devices are among the key issues that need legal examination.
Medical technology and artificial intelligence play a crucial role in modern healthcare by improving diagnostic accuracy, enhancing treatment efficiency, and reducing human errors. However, these advancements also introduce new risks, particularly when AI-driven systems fail or when sensitive health data is compromised. The unauthorized access to medical records, errors in AI-based diagnoses, and the fraudulent manipulation of medical devices are examples of crimes that may arise from the improper use of these technologies.
Determining criminal liability in such cases requires a thorough analysis of the roles and responsibilities of various stakeholders. Developers and programmers may be held accountable if flaws in AI algorithms lead to harmful medical decisions. Healthcare institutions could face liability for negligence in implementing secure systems or failing to monitor AI-based treatments. Manufacturers of medical devices and AI systems may also bear responsibility if defects in their products result in harm to patients.
The legal frameworks governing these issues vary across jurisdictions, with some countries adopting stricter regulations on data protection and AI liability, while others still lack comprehensive legislation. Addressing these challenges requires a combination of stronger cybersecurity measures, clearer regulations on AI-related errors, and legal provisions that define responsibility in cases of harm caused by medical technology.
Ultimately, ensuring the safe and ethical use of AI in healthcare requires a balanced approach that promotes technological innovation while holding individuals and institutions accountable for unlawful practices. Strengthening legal protections, enhancing oversight mechanisms, and fostering international cooperation in regulating medical AI will be essential in preventing misuse and safeguarding public health

This research aims to examine the legislative situation regarding the preparation of compounded medications by pharmacists in Saudi Arabia. Relevant laws and regulations were analyzed, and interviews were conducted with pharmacists and representatives of regulatory bodies. The results revealed some gaps in current legislation, which impact the quality and safety of compounded medications. The research proposed legislative amendments to strengthen oversight of the preparation process and provide protection for patients.

Medicine is considered an essential substance to raise the level of public health in society, and defective pharmaceutical products cause harm to the consumer "the patient", so the question arises about compensating victims of defective medicines for the resulting damages. It is noted that the Iraqi legislator did not establish a comprehensive legislative organization that includes everything related to human health from food, medicine and cosmetics, nor did it include any legal text referring to the obligation to ensure safety as a legal obligation imposed on the pharmacist, the producer or the seller. In addition to the difficulty of applying the provisions of the guarantee of hidden defects for the pharmacist seller, because his knowledge of the medicine requires him to open the package, analyze the contents of the medicine, and then repackage it to its previous condition, and this cannot be achieved. In all of this, this does not mean that the producer is the only one responsible, but rather there may be a joint responsibility between the producer, the doctor, and the pharmacist, and the state may also be responsible as long as the state intervenes as a public authority in issuing the permit to display the drug for circulation. Accordingly, the state and the producer are partners in the emergence of the danger due to the production of the drug and the permit to circulate it in the market.

Medicines and medical supplies are essential commodities in human life. They are so close to people that they cannot be treated as luxuries, as they are linked to their safety and ability to combat the most dangerous diseases that afflict them. Therefore, countries are keen to provide them to their citizens through their health departments, in accordance with the legally prescribed methods. In Iraq, this is in accordance with Instructions for Implementing Government Contracts No. 2 of 2014, as amended, and in Egypt, in accordance with the Egyptian Law Regulating Contracts Concluded by Public Entities No. (182) of 2018. However, important questions arise: Are these methods effective for treating diseases that have become a threat to human life? Are there other legal methods that the administration can follow to equip its health centers with various medicines and medical supplies, especially in exceptional circumstances, as happened in light of the Corona pandemic?

Possession of unlicensed Medical Drugs is considered one of the most serious crimes , because its millions of patients in the world , most of people are not at the same levels ,they are not able to distinguish between medicines that are suitable for human use and those that are not ,given the dual nature of this crime, it is on the one hand ,of an economic nature ,as it drains a large part of the national economy , and on the other hand of a special nature, as it may represent premeditated murder due to pharmaceutical compounds that violate medical standards and criteria