Jurisprudential - Legal Analysis of "Right to Health" and "Government Responsibility" in Conditions of Corona Outbreak
Governments are responsible for providing health services based on their human rights obligations in the event of an outbreak of a n infectious disease. These services are not limited to the citizens of a government, but all goverments are committed to international cooperation as a complementary mechanism to empower and enhance global capacity. On the other hand, the se commitments have not been properly implemented in C orona crisis and the "right to public health" has been influenced by some nationalist approaches.
The present article collects opinions related to the legal jurisprudential aspects of "right to health" and "government responsibility " in the context of Corona disease based on the library method and tries to critique and study them with a descriptive - analytical method.
Findings of the article indicate that the Islamic jurisprudential system has the ability and capacity to s uspend or modify ordinary religious propositions due to the critical situation and based on rules such as the “ obligation of self - preservation ” , “ sanctity of harm to others ” , “ the need to avoid possible harm ” , ‘ the rule of c aution ” and “ the rule of urgency ” and as necessary, determine and bind norms and requiremen ts. Therefore, the jurisprudential system can be considered effective in regulating social crises, and the coexistence and synergy of jurisprudence and law can be strengthened in accordance with em ergency situations in both national and international areas .
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.