The government's civil responsibility in protecting citizens' health from the perspective of Shia jurisprudence, citizenship rights and international documents
Subject Areas : Private law
hossein esmail zade
1
(PhD in Private Law, Sari Branch, Islamic Azad University, Sari, Iran.)
Abbas Moghaddari Aimiri
2
(Assistant Professor, Department of Law, Joibar Branch, Islamic Azad University, Joibar, Iran.)
Abdolhamid Mortazavi
3
(Assistant Professor, Department of Private Law, Sari Branch of Islamic Azad University, Sari, Iran.)
Keywords: Citizenship Rights, Shia Jurisprudence, international documents, Right to Health, civil responsibility of the government,
Abstract :
The right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, and if the government does not fulfill its obligations and causes damage to citizens, the government must compensate for the damage. Especially since the government is fully responsible for providing public health and meeting medical needs, according to the covenant between the nation and the government and international agreements and obligations. Therefore, the civil responsibility of the government means the responsibility arising from the activities of the government. Therefore, it will be stated in this article, the government's responsibility may be due to the failure to fulfill the duties towards the people, the undesired performance of the duties, or the delay in the fulfillment of the duties and obligations of the government towards the people. Therefore, the civil responsibility of the government may be due to the performance of the government or government employees who have played a role in the occurrence of factors that affect the health of the people, or they did not do so in situations where they could have prevented it or solved it.
منابع فارسی
2) منابع عربی
3) منابع انگلیسی
ب) مقالات
_||_
Persian resources
1. Bariklou, Alireza, (2014), Civil Liability, Mizan Legal Foundation, Tehran, 6th edition.
2. Jafari Langroudi, Mohammad Jafar, (1391), Expanded on Legal Terminology, Ganj Danesh Publications, third volume, Tehran, fifth edition.
3. Safaei, Seyyed Hossein and Rahimi, Habib A..., (2016), Civil Responsibility, Semat Publications, Third Edition, Tehran, 9th Edition.
4. Abbaslu, Bakhtiar, (2014), Civil responsibility with a comparative perspective, published by Mizan Legal Foundation, Tehran, second edition.
5. Katouzian, Nasser, (2018), Civil Law Introductory Course, Legal Events - Civil Liability, Publishing Co., Tehran, 6th edition.
6. Mohagheq Damad, Seyyed Mostafa, (2013), Rules of Jurisprudence 1, (Civil Section), Humanities Publishing Center, Tehran, 36th edition.
7. Mortazavi, Abdul Hamid, (2012), Laws of Obligations - Obligation by means and by result, Jangal Publications, Tehran, second edition.
8. Mehrpour, Hossein, (1383), International Human Rights System, Information Publications, Tehran, second edition.
9. Hashemi, Seyyed Mohammad, (1388), Fundamental Laws of the Islamic Republic of Iran, Mizan Legal Foundation Publications, Tehran, 9th edition.
2) Arabic sources
1. Ahsai, Muhammad bin Ali bin Ibrahim, (1403 A.H.), Awali Al-Leali, first volume, published by Sayyed al-Shohada Press, Qom, first edition.
2. Ansari, Sheikh Mortaza, (1420 A.H.), gains; Jamal al-Fakr al-Islami, Qom, second edition.
3. Hakim, Seyyed Mohammad Taqi, (1417 AH), Fatawi Al-Misra according to the Fatawi of Sayyed Ali Al-Sistani, Al-Bayt Foundation, Qom, first edition.
4. Tousi, Mohammad bin Hassan, (1387), Al-Mabsut, Al-Maktabeh Al-Mortazawieh Lahiya Al-Aqti al-Jaafarieh, Tehran, third edition.
5. Sheikh Tusi, Abu Jafar Muhammad bin Al-Hassan, (1390 A.H.), Astabsar, volume four, Darul Kitab al-Islamiya, Tehran.
3) English sources
1. El Menyawi, Hassan, (2003), Public Tort Liability: Recommending an Alternative to Tort Liability and No-Fault Compensation, Global Jurist Advances, Volume 3, Issue 1, Article 1.
2. Stewart, Richard B, (2000), "Regulatory Compliance Preclusion of Tort Liability: Limiting the Dual-Track System", Georgetown Law Journal, Vol. 88, Issue 7.
3. Urbina, Sebastian, (2005), "What Is Legal Philosophy?", Vol. 18, No. 2.
b) Articles
1. Agha Babaiyan, Hamidreza, Corona epidemic from the legal point of view and the right to the health of citizens, Khabar Online, (2018).
2. Al-Kajbaf, Hossein; Ansarian, Mojtabi, The impact of unilateral and multilateral sanctions on Iran from the perspective of rights on the health of Iranian citizens, Medical Law Quarterly, Volume 8, Number 29, (2013).
3. Ehsan-Bakhsh, Ghafar; Babaei, Dariush, Civil Liability of Drug Manufacturers and Distributors, Legal News Magazine, Volume 1, Number 1, (2015).
4. Al-San, Mustafa, Government's civil responsibility for communicable diseases (case study: Covid-19), Legal Research Quarterly - Special Letter on Laws and Corona, Volume 23, (2019).
5. Javed, Ehsan; Niavarani, Saber, 1. The scope of the right to health in the international human rights system, Public Law Research Quarterly, 15th year, number 41, (2012).
6. Hosseini, Seyyed Hadi, The secondary responsibility of the government in compensating the irreparable losses caused to the citizens, Iranian and International Comparative Legal Research Quarterly of Islamic Azad University, Volume 8, Number 28, (2014).
7. Salehi Mazandarani, Mohammad, Civil responsibility of the government from a jurisprudential point of view, Journal of Islamic Law, Year 8, Number 30, (2010).
8. Abbasi, Mahmoud; Rezaei, Rahela, The right to health from the perspective of bioethics and human rights, National Conference on Law and Ethics in Biotechnology, (2009).
9. Abbasi, Mahmoud; Rezaei, Rahela; Dehghani, Ghazaleh, the concept and position of the right to health in Iran's legal system, Medical Law Quarterly, Year 8, Number 30, (2013).
Fakhartousi, Javad, Alawi justice in the collection and budgeting of Beit al-Mal, Nama Mofid, year 7, number 27, (1380