Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 775-785 |
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Akvanian S N, Ghafari M, Moradi A. Countering Satellite Programs through Jamming from the Perspective of International Law and the Responsibility of Governments Towards the Health of Citizens, with an Emphasis on Governance Components. MLJ 2024; 18 (59) :775-785
URL: http://ijmedicallaw.ir/article-1-1856-en.html
URL: http://ijmedicallaw.ir/article-1-1856-en.html
1- Department of Law, Semnan Branch, Islamic Azad University, Semnan, Iran
Abstract:
Background and Aim: The use of jamming on satellite programs has a history of several decades. Governments, in order to exercise their sovereignty, jam satellite programs, but this jamming has adverse effects on the health of citizens, which is considered in this article. The objectives of this research are: First, to examine the existing approach in domestic legal systems and the international legal system regarding the effects of jamming on the health of citizens; Second, to assess the responsibility of governments and to outline the boundaries of government sovereignty in this field
Method: The present article was compiled using a descriptive-analytical method and by referring to library sources
Ethical Considerations: In the process of writing this research, attention was paid to the ethical considerations of library research, including the originality of texts, honesty, and trustworthiness.
Results: The conflict between satellite jamming, the impact on the right to health of citizens, and the need to respect the national sovereignty of countries can be raised from several major aspects: First, is the right to health of citizens more or less important than respect for the national sovereignty of countries in the context of satellite jamming? Second, is there solid scientific data regarding the impact of satellite jamming on the right to health of citizens? Third, is there a deviation from the right to health of citizens in satellite jamming due to sovereign considerations?
Conclusion: Given the non-absolute nature of the right to health in international human rights documents, including Article 4, Paragraph 1 of the International Covenant on Civil and Political Rights, Article 15 of the European Convention on Human Rights, Article 27, Paragraph 1 of the American Convention on Human Rights, and Article 4 of the Arab Charter on Human Rights, it should be said that a state can only engage in satellite jamming due to sovereign considerations in a "state of emergency" such as severe political unrest, riots, etc., but if this continues, it is a violation of the state's human rights obligations, because the right to health of citizens cannot be violated due to sovereign considerations.
Please cite this article as:
Akvanian SN, Ghafari M, Moradi A. Countering Satellite Programs through Jamming from the Perspective of International Law and the Responsibility of Governments Towards the Health of Citizens, with an Emphasis on Governance Components Medical Law Journal. 2024; 18: e25.
Method: The present article was compiled using a descriptive-analytical method and by referring to library sources
Ethical Considerations: In the process of writing this research, attention was paid to the ethical considerations of library research, including the originality of texts, honesty, and trustworthiness.
Results: The conflict between satellite jamming, the impact on the right to health of citizens, and the need to respect the national sovereignty of countries can be raised from several major aspects: First, is the right to health of citizens more or less important than respect for the national sovereignty of countries in the context of satellite jamming? Second, is there solid scientific data regarding the impact of satellite jamming on the right to health of citizens? Third, is there a deviation from the right to health of citizens in satellite jamming due to sovereign considerations?
Conclusion: Given the non-absolute nature of the right to health in international human rights documents, including Article 4, Paragraph 1 of the International Covenant on Civil and Political Rights, Article 15 of the European Convention on Human Rights, Article 27, Paragraph 1 of the American Convention on Human Rights, and Article 4 of the Arab Charter on Human Rights, it should be said that a state can only engage in satellite jamming due to sovereign considerations in a "state of emergency" such as severe political unrest, riots, etc., but if this continues, it is a violation of the state's human rights obligations, because the right to health of citizens cannot be violated due to sovereign considerations.
Please cite this article as:
Akvanian SN, Ghafari M, Moradi A. Countering Satellite Programs through Jamming from the Perspective of International Law and the Responsibility of Governments Towards the Health of Citizens, with an Emphasis on Governance Components Medical Law Journal. 2024; 18: e25.
Type of Study: Original Article |
Received: 2024/07/8 | Accepted: 2024/12/18
Received: 2024/07/8 | Accepted: 2024/12/18
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