Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 719-735 |
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Mohebian G R, Mousavi S E, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility inCompensating for Damages Caused by the Corona Vaccine. MLJ 2023; 17 (58) :719-735
URL: http://ijmedicallaw.ir/article-1-1928-en.html
URL: http://ijmedicallaw.ir/article-1-1928-en.html
1- Department of Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
Abstract:
Background and Aim: The widespread spread of the corona virus has led to the infection and death of many people in the world. In order to control this disease, special ways such as public vaccination are considered. Because the vaccine, in addition to the property of preventing disease and improving the health of the society based on the protection of human life, has rapid effectiveness. This issue has caused legal ambiguities regarding the civil liability arising from the preparation and injection of the corona vaccine to emerge. Therefore, the current research aims to explain the duties of the government regarding corona vaccination, and examines the civil responsibility in this field on a juridical-legal basis.
Methods: In this research, a descriptive analytical method has been used. The collection of information has been done in a library manner and by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.
Conclusion: In this study, the civil liability of the government for losses caused by the coronavirus vaccine is proven based on the theory of "respect", which states that "no right should be lost from anyone". This responsibility includes matters such as providing the vaccine, the commitment of responsible authorities and institutions, fair distribution of the vaccine, and preventing the import and supply of counterfeit vaccines.
Please cite this article as:
Mohebian GHR, Mousavi SE, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility inCompensating for Damages Caused by the Corona Vaccine. Medical Law Journal. 2023; 17(58): e49.
Methods: In this research, a descriptive analytical method has been used. The collection of information has been done in a library manner and by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.
Conclusion: In this study, the civil liability of the government for losses caused by the coronavirus vaccine is proven based on the theory of "respect", which states that "no right should be lost from anyone". This responsibility includes matters such as providing the vaccine, the commitment of responsible authorities and institutions, fair distribution of the vaccine, and preventing the import and supply of counterfeit vaccines.
Please cite this article as:
Mohebian GHR, Mousavi SE, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility inCompensating for Damages Caused by the Corona Vaccine. Medical Law Journal. 2023; 17(58): e49.
Type of Study: Original Article |
Received: 2023/05/7 | Accepted: 2025/02/25
Received: 2023/05/7 | Accepted: 2025/02/25
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