دوره 21، شماره 2025 - ( 5-1405 )
جلد 21 شماره 2025 صفحات 47-35 |
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Rafiei M T. An Analysis of the Legal Foundations of State Civil Liability for Violations of Citizens’ Right to Health. MLJ 2026; 21 (2025) :35-47
URL: http://ijmedicallaw.ir/article-1-2137-fa.html
URL: http://ijmedicallaw.ir/article-1-2137-fa.html
Rafiei Mohammad Taqi. An Analysis of the Legal Foundations of State Civil Liability for Violations of Citizens’ Right to Health. مجله علمی پژوهشی حقوق پزشکی. 1405; 21 (2025) :35-47
Department of Energy Law and International Trade, Faculty of Law, University of Tehran, Tehran, Iran.
چکیده:
The right to health, as one of the fundamental human rights, is recognized in various legal systems and at the international level. The right to health encompasses the conditions that States are required to provide to enable individuals to lead healthy lives. Today, health is one of the essential components of human well-being and one of the principal concerns of everyday life. Regardless of age, gender, or social or racial background, health is regarded as one of the most important and vital social assets. Given that the enjoyment of the highest attainable standard of health is recognized as a fundamental right, States bear obligations to advance and protect the right to health. Like other human rights, these obligations have three dimensions: the obligation to respect, the obligation to protect, and the obligation to fulfil. One of the fundamental duties of States is to safeguard the right to health of members of society; accordingly, questions of State liability arise. The principal question addressed in this descriptive-analytical study is: what is the legal basis of State civil liability for violations of citizens’ right to health? The analysis indicates that, under certain conditions, the State may be held liable for harm inflicted upon citizens. Although the theories of fault, risk, and guarantee of rights may provide grounds for compensating health-related harm caused by the State, the hypothesis of this study is that, given the importance and status of the right to health, together with the need for comprehensive protection of citizens and the absence of a requirement to prove fault, the mere establishment of a causal relationship between the harm and the injuring agent, namely the State, is sufficient to establish State strict liability for damage and loss resulting from failure to respect citizens’ right to health.
نوع مطالعه: پژوهشي |
دریافت: 1405/2/25 | پذیرش: 1405/6/19
دریافت: 1405/2/25 | پذیرش: 1405/6/19
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