Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 141-158 |
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Omidi M, Jafari M H, Bakhtjoo R. State Civil Liability in Relation to the COVID-19 Pandemic in Light of Judicial Decisions. MLJ 2026; 20 (61) :141-158
URL: http://ijmedicallaw.ir/article-1-1639-en.html
URL: http://ijmedicallaw.ir/article-1-1639-en.html
1- Department of Law, Yazd Branch, Islamic Azad University, Yazd, Iran.
2- Department of Law, Taft Branch, Islamic Azad University, Taft, Iran.
2- Department of Law, Taft Branch, Islamic Azad University, Taft, Iran.
Abstract:
Background and Aim: Infectious diseases pose a serious threat to human life and health and may rapidly spread from a local outbreak to a global pandemic. Throughout its history, Iran has experienced numerous outbreaks of infectious diseases that have inflicted substantial human and financial losses. Owing to its civil liability toward citizens, the State is obliged to restore social conditions, as far as practicable, to those existing prior to the outbreak of such diseases. As an infectious disease and a global public health crisis, the COVID-19 pandemic has raised significant legal challenges, particularly regarding the civil liability of governments. This study examines the legal foundations of state civil liability in the context of the COVID-19 pandemic through an analysis of judicial decisions.
Methods: This study employed a descriptive–analytical method with a comparative approach. It examines the traditional and contemporary theoretical foundations of state liability, relevant legal instruments, including the Constitution and disaster management legislation, as well as national and international judicial decisions concerning state civil liability for damages arising from the COVID-19 pandemic.
Ethical Considerations: Throughout all stages of this research, the principles of honesty, academic integrity, and respect for the originality of sources were fully observed.
Results: The findings indicate that the traditional theories of fault-based liability and risk liability are inadequate for compensating collective pandemic-related losses because of the inherent difficulties in establishing causation and the natural origin of the virus. By contrast, contemporary theories, particularly the Responsible State Theory and the principle of social solidarity, which are grounded in the State’s positive obligations, the principle of no harm, and compensation from public funds, provide a more equitable basis for state liability. Moreover, judicial decisions in Iran and other jurisdictions demonstrate a gradual shift from individual fault-based liability toward systemic state responsibility and compensation financed through public resources.
Conclusion: This study concludes that the Responsible State Theory provides the most appropriate and equitable foundation for state liability in cases of force majeure and pandemic events. Under this approach, liability is founded not on fault but on the State’s obligation to protect the lives and property of its citizens and to ensure the fair distribution of social losses. To implement this approach effectively, it is recommended that specific legislation be enacted to establish statutory limits for compensation and that a National Pandemic Compensation Fund be created from public revenues to provide a prompt and equitable mechanism for compensating victims.
Please cite this article as:
Omidi M, Jafari MH, Bakhtjoo R. The Civil Responsibility of the Government Due to the Lack of Warning and Prevention of Forced Accidents with Emphasis on Judicial Procedure. Medical Law Journal. 2026; 20: e10.
Methods: This study employed a descriptive–analytical method with a comparative approach. It examines the traditional and contemporary theoretical foundations of state liability, relevant legal instruments, including the Constitution and disaster management legislation, as well as national and international judicial decisions concerning state civil liability for damages arising from the COVID-19 pandemic.
Ethical Considerations: Throughout all stages of this research, the principles of honesty, academic integrity, and respect for the originality of sources were fully observed.
Results: The findings indicate that the traditional theories of fault-based liability and risk liability are inadequate for compensating collective pandemic-related losses because of the inherent difficulties in establishing causation and the natural origin of the virus. By contrast, contemporary theories, particularly the Responsible State Theory and the principle of social solidarity, which are grounded in the State’s positive obligations, the principle of no harm, and compensation from public funds, provide a more equitable basis for state liability. Moreover, judicial decisions in Iran and other jurisdictions demonstrate a gradual shift from individual fault-based liability toward systemic state responsibility and compensation financed through public resources.
Conclusion: This study concludes that the Responsible State Theory provides the most appropriate and equitable foundation for state liability in cases of force majeure and pandemic events. Under this approach, liability is founded not on fault but on the State’s obligation to protect the lives and property of its citizens and to ensure the fair distribution of social losses. To implement this approach effectively, it is recommended that specific legislation be enacted to establish statutory limits for compensation and that a National Pandemic Compensation Fund be created from public revenues to provide a prompt and equitable mechanism for compensating victims.
Please cite this article as:
Omidi M, Jafari MH, Bakhtjoo R. The Civil Responsibility of the Government Due to the Lack of Warning and Prevention of Forced Accidents with Emphasis on Judicial Procedure. Medical Law Journal. 2026; 20: e10.
Keywords: State Civil Liability, COVID-19, State Liability in Judicial Decisions, Responsible State Theory.
Type of Study: Original Article |
Received: 2023/04/16 | Accepted: 2024/02/28
Received: 2023/04/16 | Accepted: 2024/02/28
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