The Legal Framework of Herbal Medicines in Light of the Right to Health: A Mini Review

Abstract

In recent decades, the use of herbal medicines has expanded dramatically, establishing these natural resources as strategic assets within global health systems. With over sixty thousand plant species recognized for their medicinal properties, the application of these botanicals now extends far beyond traditional healing practices, reaching advanced medical research, pharmaceutical industries, public health initiatives, cosmetics, and emerging technologies. This concise review employs a comparative and interdisciplinary approach to examine the legal status of herbal medicines in Iran. The analysis draws upon national documents, existing regulations, and international agreements, including the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and guidelines issued by the World Health Organization (WHO). The study reveals that, despite general references in Iran’s Constitution and developmental plans, there is a notable absence of a dedicated, specialized, and autonomous legal framework for herbal medicines. Current legislation is largely derived from general pharmaceutical laws, which do not adequately address the unique characteristics and needs of this sector. Furthermore, the lack of binding enforcement mechanisms and coordination with domestic legal systems has created significant gaps in the equitable management and sustainable use of these vital resources. Establishing a comprehensive, culturally adapted legal framework is essential to safeguard health rights, promote sustainable development, and ensure the protection of herbal resources. Such a framework would facilitate safe, effective, and equitable access to herbal medicines while preserving these invaluable resources for current and future generations.

Keywords: Herbal medicines, Right to health, Health Policy, Traditional Medicine, Pharmaceutical Laws, Global Health