Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 1013-1021 |
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Naseri L, Abbasi M, Mohaghegh Damad M A. Legal Dimensions of the COVID-19 Pandemic in the
International Legal System. MLJ 2024; 18 (59) :1013-1021
URL: http://ijmedicallaw.ir/article-1-1734-en.html
URL: http://ijmedicallaw.ir/article-1-1734-en.html
1- . ACECR, Shahid Beheshti University of Medical Sciences, Tehran, Iran
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
3- Department of Law, Branch of Law, University of Imam Sadiq (AS), Sister Campus, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
3- Department of Law, Branch of Law, University of Imam Sadiq (AS), Sister Campus, Tehran, Iran.
Abstract:
Background and Aim: Health and medical treatment are fundamental human rights. All individuals have the right to access adequate minimum care, especially during crises such as COVID-19. Addressing global health inequalities must be a priority. Based on international documents and procedures, international organizations, governments and individuals have obligations and responsibilities regarding health for which they must be accountable to humanity. In crises like pandemics, these entities bear double responsibility and are obliged to compensate for damages resulting from their actions or omissions. This study examines the legal dimensions of COVID-19 in various sectors of international law, including international cooperation, international responsibility, dispute settlement and international human rights law regarding access to essential medicines.
Method: This study employs a descriptive-analytical method. It is conducted through library research, reviewing existing laws and regulations within the international legal system concerning infectious diseases.
Ethical Considerations: In this research, the principles of integrity, honesty, impartiality and originality of the work have been observed.
Results: Managing pandemic crises requires a comprehensive and equitable distribution of objective and sustainable responsibility among countries, international organizations and non-state actors. The necessary legal frameworks must be established by international organizations, particularly the World Health Organization (WHO), to ensure the non-political implementation of health regulations.
Conclusion: Given the peremptory nature (jus cogens) of the right to life, in the event of a conflict between the sanctions of an international organization and health rights, the provisions of the UN Charter regarding the obligation of member states to follow Security Council decisions do not seem to be invokable. Consequently, countries cannot use sanctions as a tool against human health within the territory of any nation.
Please cite this article as:
Naseri L, Abbasi M, Mohaghegh Damad MA. Legal Dimensions of the COVID-19 Pandemic in the International Legal System. Medical Law Journal. 2024; 18: e69.
Method: This study employs a descriptive-analytical method. It is conducted through library research, reviewing existing laws and regulations within the international legal system concerning infectious diseases.
Ethical Considerations: In this research, the principles of integrity, honesty, impartiality and originality of the work have been observed.
Results: Managing pandemic crises requires a comprehensive and equitable distribution of objective and sustainable responsibility among countries, international organizations and non-state actors. The necessary legal frameworks must be established by international organizations, particularly the World Health Organization (WHO), to ensure the non-political implementation of health regulations.
Conclusion: Given the peremptory nature (jus cogens) of the right to life, in the event of a conflict between the sanctions of an international organization and health rights, the provisions of the UN Charter regarding the obligation of member states to follow Security Council decisions do not seem to be invokable. Consequently, countries cannot use sanctions as a tool against human health within the territory of any nation.
Please cite this article as:
Naseri L, Abbasi M, Mohaghegh Damad MA. Legal Dimensions of the COVID-19 Pandemic in the International Legal System. Medical Law Journal. 2024; 18: e69.
Keywords: Unilateral Sanctions, Health Rights, Infectious Diseases, International Responsibility, International Human Rights Law
Type of Study: Original Article |
Received: 2023/11/13 | Accepted: 2024/11/11
Received: 2023/11/13 | Accepted: 2024/11/11
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