Volume 16, Issue 57 (4-2022)                   MLJ 2022, 16(57): 110-125 | Back to browse issues page

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Moghaddasi M B, Ghasemi E, Ameri Z. Covid-19 Pandemic and its Impact on Fundamental Rights and Freedoms (Comparative Study in Belgium, France and Iran). MLJ 2022; 16 (57) :110-125
URL: http://ijmedicallaw.ir/article-1-1337-en.html
1- Department of Law, Faculty of Humanities, University of Bojnord, Bojnord, Iran
2- Department of Criminal and Civil Law, Faculty of Law, Catholic University of Louvian, Brussels, Belgium
Abstract:  
Background and Aim: The Covid-19 pandemic has affected all aspects of human life. Governments have tried to curb the spread of the coronavirus by imposing various restrictions. Although restrictive measures have been taken to address this crisis, as a result of the application of these restrictions, fundamental rights and freedoms have been affected and in some cases restricted. This article tries to examine the effects of the restrictions envisaged during the Covid-19 pandemic on fundamental rights and freedoms with a comparative approach.
Method: This article is descriptive-analytical and has been prepared and compiled by the library method using fish taking. Available external sources have been used to compile comparative law content.
Ethical Considerations: In this article, from the beginning to the end, it adheres to the principle of ethics, honesty, confidentiality, the principle of observance of rights, the principle of material and intellectual property.
Results: The findings of this article show that the restriction of fundamental rights and freedoms in the shadow of the Covid-19 pandemic is a common feature of the Belgiam, France and Iran systems. However, in the Belgiam and France legal systems, interventions have been made through laws passed by the competent authorities. In Iran, in spite of Article 79 of the Constitution, which is applicable to the current situation and according to which restrictive resolutions must be approved by the parliament, the National Anti-Coronavirus Taskforce has been established under the Supreme National Security Council and this taskforce sets the rules governing restrictions.
Conclusion: Although governments can limit the scope of fundamental rights and freedoms by citing the impending state of emergency, it is necessry that the scope of the restrictions be clearly defined, formally communicated to citizens and extended.

Please cite this article as:

Moghaddasi MB, Ghasemi E, Ameri Z. Covid-19 Pandemic and its Impact on Fundamental Rights and Freedoms (Comparative Study in Belgium, France and Iran). Medical Law Journal. 2022; 16(57): e8.
Type of Study: Original Article |
Received: 2021/06/5 | Accepted: 2021/11/30

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