مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jan 2023)

Legislative Measures Protecting Health and Well-being at the Level of Criminal Law in Algeria

  • Lakhdari Fatiha,
  • Medjdoub Amena

Journal volume & issue
Vol. 12, no. 01
pp. 624 – 647

Abstract

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This study tackles the subject of protecting the human right to health and well-being at the level of criminal law. Such concept is an innate and unquestionable right, as well as a prerequisite for all other rights. It is stipulated by various laws both internationally and nationally; for instance, the Algerian legislator relied on a specific criminal law-related policy to protect health through several legal provisions in the Penal Code, and many other complementary laws such as environmental laws and consumer protection laws. Furthermore, considering that the medical profession is a field that warrants the preservation of the safety, life and health of human beings, it has been subject to a fair share legal texts that directly criminalize certain harmful practices. This study aims to examine the right to health in the scope of criminal law regulations; since most criminal laws protect this legal interest as a collection of separate rights, which stands in contradiction to applicable realities. Our study, therefore, seeks to deal with the best possible ways of applying criminal protection laws to uphold the right to health.

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