Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 399-411 |
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Alizadeh Y. The Obligations of the Government in Protecting Citizens against Epidemic Diseases from the Point of View of Jurisprudence
and International Laws and Documents. MLJ 2023; 17 (58) :399-411
URL: http://ijmedicallaw.ir/article-1-1633-en.html
URL: http://ijmedicallaw.ir/article-1-1633-en.html
Department of Theology, Islamic Jurisprudence and Law, Payame Noor University, Tehran, Iran
Abstract:
Background and Aim: Global pandemic crises, like Corona are one of the most important threats to citizens' health and safety. In the present paper, an attempt has been made to examine the obligations of governments in protecting citizens against epidemic diseases from the perspective of jurisprudence, international law and documents.
Methods: This paper is descriptive and analytical and the library method was applied.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings of this study indicate that according to jurisprudence, domestic laws and international documents, governments are committed to ensuring the public health of their citizens in the face of pandemic crises. In jurisprudence, rules, such as the government's responsibility to ensure the welfare of citizens, the necessity of preventing possible harm and also acting on the basis of the rule of non-harm are the basis of the government's obligations in this field. In Iranian law, several principles of the constitution and five-year development plans emphasize the government's commitment to ensure the right to citizens' health. In international documents, the Universal Declaration of Human Rights, the Covenant on Civil, Social and Economic Rights approved in 1969 and the resolutions of the Security Council in dealing with AIDS, Ebola and Corona are among the most important specific legal sources of governments' obligations towards citizens in the face of pandemic crises.
Conclusion: Despite the acceptance of governments' obligations to protect citizens against epidemic diseases, the implementation guarantee for these governments' obligations has not been defined, especially in the international arena.
Please cite this article as:
Alizadeh Y. The Obligations of the Government in Protecting Citizens against Epidemic Diseases from the Point of View of Jurisprudence and International Laws and Documents. Medical Law Journal. 2023; 17(58): e28.
Methods: This paper is descriptive and analytical and the library method was applied.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings of this study indicate that according to jurisprudence, domestic laws and international documents, governments are committed to ensuring the public health of their citizens in the face of pandemic crises. In jurisprudence, rules, such as the government's responsibility to ensure the welfare of citizens, the necessity of preventing possible harm and also acting on the basis of the rule of non-harm are the basis of the government's obligations in this field. In Iranian law, several principles of the constitution and five-year development plans emphasize the government's commitment to ensure the right to citizens' health. In international documents, the Universal Declaration of Human Rights, the Covenant on Civil, Social and Economic Rights approved in 1969 and the resolutions of the Security Council in dealing with AIDS, Ebola and Corona are among the most important specific legal sources of governments' obligations towards citizens in the face of pandemic crises.
Conclusion: Despite the acceptance of governments' obligations to protect citizens against epidemic diseases, the implementation guarantee for these governments' obligations has not been defined, especially in the international arena.
Please cite this article as:
Alizadeh Y. The Obligations of the Government in Protecting Citizens against Epidemic Diseases from the Point of View of Jurisprudence and International Laws and Documents. Medical Law Journal. 2023; 17(58): e28.
Type of Study: Original Article |
Received: 2023/04/8 | Accepted: 2023/06/27
Received: 2023/04/8 | Accepted: 2023/06/27
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