Document Type : PAPER DERIVED FROM THESIS
Authors
1 PhD Student in Department of Public Law, Faculty of Law, University of Qom, Qom, Iran (Corresponding Author)
2 Associate Prof. in Department of Philosophy and Theology, Faculty of Philosophy and Ethics, Baqir al-Olum University, Qom, Iran
Abstract
SUBJECT AND OBJECTIVES: Due to the outbreak of a virus from the corona family called Covid-19, which has infected millions of people around the world, the subject of the possibility or impossibility of Government responsibility for infectious diseases is a global issue. It is the Government's duty to act in order to improve human life, and this is in accordance with its existential philosophy. This debate originates from the capabilities and powers that are monopolized by Government. It is believed that, by resorting to the authority and discretions of a conventional Government, it can prevent the spread of many infectious diseases to a large extent and in case of negligence in performing tasks, must be liable. This is the initial question: Why should the Government be liable for infectious disease which it had no role in creating it?
METHOD AND FINDING: In this paper, by descriptive and analytical method and by collecting library resources, the continuity and relation between the responsibility of the Government and infectious diseases will be discussed. The Right to Life and the Right to Health are the basis of legal authority to intervene in the field of infectious diseases.
CONCLUSION: Public Law and Human Rights has a special view of infectious diseases and some statutes provide for Emergency Situations. Governments are committed to taking the most effective measures possible to prevent spread of infectious diseases. According to the findings of this study, during Corona, these liabilities for the Government can be enumerated: Identification, Determining the liable authorities and institution, Education, Responsibility for prevention and treatment, Establish and expand insurance protections, Compensation for victims, Judicial and political Responsibility. In Iran, it is necessary to design a comprehensive system for exceptional situations such as pandemics.
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Acknowledgment
I offer my humble appereciation and gratitude to all the professors and scholars who assisted me in the process of compilation and preparation of this work. Besides, I am thankful of my kind wife who provided the conditions for this significant endeavor with her indescribable sacrifice. May Allah grant me the ability to serve and compensate all dear ones' efforts.
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