حق بر سلامت

Having the right to health is an inalienable human right and is considered one of the main features of an ideal society. This right has attracted the attention of thinkers and many jurists due to the existence of some issues such as infectious diseases. The most important goal of this article is to examine this right in line with order and security.

This research has used a descriptive-analytical method as well as a survey method with a random sample selection through a questionnaire.

In this research, the right to health has had a special place in the legal system in the light of citizenship rights. According to the principles of Article 43 of the Constitution and Article 8 of the Civil Service Management Law, the right of everyone to have access to health and medical services and insurance premiums, providing and guaranteeing the right to health is one of the duties of the government. This right has a direct relationship with the issue of order and security in such a way that if the right to health in the society is ensured for the citizens, the security of health and social security is established in the society.

The right to health can be considered one of the fundamental rights of citizens, which is necessary for the fulfillment of other rights. Article 43 of the Constitution, Article 8 of the Civil Service Management Law, the right of everyone to access health and medical services and insurance premiums, is responsible for providing health and medical services. They are responsible for providing healthcare services. Therefore, the right to health and its guarantee is considered one of the main characteristics of a desirable human society, the possession of which is the reason for staying immune from all kinds of widespread diseases and obtaining suitable health care for citizens, so that they can protect themselves in times of outbreaks of infectious diseases. Have the existing capacities provided by the governments.

With the spread of the corona crisis, in order to prevent and fight this disease, it became necessary to adopt measures and instructions to respect the right to the safety of the society and, in addition, to respect the right to the health of prisoners in the criminal justice system. In setting up the research, documentary and library methods were used and the analysis of the obtained information was qualitative and based on inferences from sources and texts. The findings and results of the research indicate that the granting of long-term leave and the greater use of criminal justice institutions during the outbreak of the Corona crisis, caused conflicts between the right to the safety of society and the right to the health of prisoners, including increasing the responsibility of the police force, reducing the sense of security among Citizens will be victimized and crime rates will change in society, which will also affect crisis management. Also, under normal conditions, both rights are part of the fundamental human rights and are placed next to each other, and one right cannot be prioritized over the other; But in times of crisis, such as the Corona crisis, it seems that the right to the safety of society takes priority over the right to the health of prisoners; Because in terms of quantity, the right to the health of the few prisoners is against the right to the safety of the majority of the society.