مجله تحقیقات حقوقی
پیاپی 97 (بهار 1401)

Despite of the prevalence of Covid-19 in the country, due to itsemergence, power and high speed of transmission of the virus, there are notenough grounds for a standard response to it in the country, as well as themost countries of the world. Prior to the prevalence of the virus, although theprevalence of infectious diseases has occurred in the country before, theattitude of the Iranian legal system towards infectious diseases has been atransient event. Accordingly, the liability of the transmitters of the Covid-19is not fully enforceable under the specific criminal law and criminal liabilityfor the transmission of the virus must be pursued under the generalities ofcriminal law. However, the existence of a special law on the prevention ofsexually and infectious diseases could be promising for the existence ofspecial regulations in this area; However, the antiquity of the law and thelack of updates for it, prevent its effective application. Therefore, this articletries to analyze the criminal responsibility of the transmitters of Covid-19under the criminal headings in the criminal law and to explain the conditionsof compliance of the perpetrator's behavior with each of them. In this regard,it will be suggested that in view of the difficulties of proving the causation inoccurrence of existing criminal titles, the provision of a special legal systemto prevent the spread of the virus and other infectious diseases should beconsidered by the legislature.

The emergency civil litigation model is a temporary, critical, rapid andoptimal model. To achieve this, the management of the corona crisis in thejudiciary must remove some of the ambiguities that arise as a result ofunderstanding the principles of the Constitution and the inherent duties ofthe judiciary. The principle of the permanence of the judiciary is notincompatible with the temporary closure and suspension of the nature ofjudicial action and the development of electronic and virtual devices. TheIranian judiciary must use the teachings of the world involved in the coronato rethink some rules and procedures of the court and prepare itself for thepost-coronary world and the development of a speedy, low-cost, fast andvirtual procedure.

Dealing with the outbreak of Covid-19 requires measures and decisionsthat, while protecting individual and public health, may involve restrictionson human rights. Many governments have declared a state of emergency tocombat the disease or, without formally declaring such a situation, havefactually imposed such a situation and restricted individual rights andfreedoms. In the meantime, the international human rights system, whichprotects individual’s rights, even in the emergencies, requires governmentsto adhere to principles and rules that can strike a reasonable balance betweenprotecting public health and meeting their human rights obligations.Accordingly, the question in this article is that what human rights issues andchallenges do the governments face in the process of dealing with Covid-19and what the solutions are to address them. Referring to international humanrights standards and by reference to the actions of governments, it can besaid that the main challenge is that most governments have pursued a policyof "this or that" and mainly prioritize the protection of public health overhuman rights; Whereas, from a human rights perspective, they should havepursued a policy of "both this and that."The international human rightssystem, in its right-based language, prescribes a specific framework forcombating Covid-19. In this context, the policy of "countering the Covid 19at all costs" gives way to the policy of "countering the Covid-19 with respectto fundamental values." Human rights norms prevent the formation ofdiscriminatory, instrumental, expedient and hierarchical views in the processof combating the disease. It obliges governments to mobilize all theirnational resources to combat this virus, to make resort to internationalresources, and to enforce any restrictions on human rights in accordancewith the principles of legality, necessity and proportionality. Accordingly,although all human rights are affected by the policies and responsesassociated with Covid-19, it seems, some rights, such as freedom ofexpression and non-discrimination, play a key role in the normality andeffectiveness of these policies and responses and hence, should not berestricted unless strictly necessary (human rights governing measures againstCovid-19) and some human rights, such as privacy and freedom ofmovement, must inevitably be restricted (human rights affected by Covid-19). To this end, in this article, first the various dimensions of the right tohealth in the international human rights system and the principles oflimitation of human rights for ensuring public health are explained and then,the corresponding challenges related to the impact of human rights inresponses to Covid-19 are analyzed respectively.

The spread of Covid19 in the world has created opportunities to re-defendthe theory of government and authority in the social life, and yet the role andfunction of government varies according to the quality of social life and itsactions will create financial burden. In this article, the legal aspects ofgovernment financial measures in times of crisis have been examined withemphasis on the Covid pandemic. Explaining and analyzing the legal aspectsgoverning government actions requires pursuing this issue in constitutional lawand public finance law, and choosing different scenarios in this regard(especially according to the theory of "necessity") will have a different responsein establishing laws and regulations. Also in this article, two general andexceptional systems governing government expenditures have been examineddue to the occurrence of the crisis.

The coronavirus crossed China's national borders in January 2020,rapidly infected a large number of countries in less than six months. Indeed,the outbreak of infectious diseases is not unprecedented in the world, yet, theharmful effects of such a dangerous virus on economy, industry, tourism,politics, sports, and even routine life caused serious challenges for states andother actors at both national and international levels. As a result, it is time toreconsideration the ways of facing and managing pandemics by focusing onexisting legal system to find the gaps and to provide the efficient ways ofdealing with such severe challenges of international law. Thus, this articleseeks to provide a legal analysis of the International Health OrganizationRegulations (2005) by focusing on capacities, regulations and loopholes ofthe document to find its legal status in the international human rights system.Certainly, in this critical context, a universal coalition between internationalorganizations and states, a global cooperation among all actors as well as awell-organized legal framework should be considered as the last resolutionfor international community to survive.

If the developments in civil liability law and the emergence of newdamages are studied, it is not unlikely to be said that any damages were notas extensive as those caused by Covid-19. One of the issues that can beconsidered in this regard is the government's responsibility in this epidemic.That is, the performance or taking of a neutral position by the authorities canlead to the responsibility of the government. If the government violates itsobligations regarding epidemics, especially when the government violatesthe "right to information" of the citizens, or does not report, or reports late,or gives bad news, and this helps to ignite the inflammation caused by thedisease, from a legal point of view, the responsibility of the government canbe raised. If until previous the responsibility of the government in suchdiseases was considered an idea, the spread of the corona virus andespecially the performance of some governments made it a necessity. TheFrench doctrine is a great example of recognizing responsibility forgovernment, which will be studied in a comparative way in this article.

Counterfeit in medical products including drugs and medical equipmentthreatens the people’s health and public health and justifies combatting it,but effective and comprehensive combat with this phenomenon beforeanything needs a binding international instrument that despite some efforts,its codification has failed. By adopting some relevant strategies, the Councilof Europe Convention on the counterfeiting of medical products and similarcrimes involving threats to public health has facilitated combatting thisphenomenon at the European level. However, the mentioned Europeaninstrument is not free of fault, and now, considering the public healthprotection given the Covid-19 pandemic and the continuity, diversity, andthe predictable increase in counterfeit medical products, drafting a bindinginternational instrument and enforcement of hard laws in this regard underthe direction of WHO along with public participation of all beneficiaries, canorganize the global combat with this phenomenon properly. The competentplayers in Iran can help in the establishment of the related hard laws at aglobal level by pursuing this subject at the international arenas.

The outbreak of Covid-19 disease in relation to environmental law can beanalyzed from different dimensions. Theoretically, it shows the deep roots ofthe philosophical, moral and legal crisis of man in the face of nature. Inpractice, the role of environmental law in preventing the spread of "humananimal"diseases is recalled. Environmental effects, showed two positive andnegative differences in the natural and human environment. On the positiveside, the outbreak of this disease has temporarily improved the quality of theurban environment (air pollution, noise, fuel consumption) and, inproportion to some animals, has led to the prohibition of trade and sale andconsumption of wild animal meat. On the other hand, the negative effects ofthis disease have affected issues such as the accumulation of medical waste,wasteful consumption of water and the suspension of environmentalregulations against companies. In this article, some of the aboveenvironmental dimensions have been tried to be analyzed and evaluatedfrom the perspective of environmental law. The key question is, given theenvironmental effects and contexts of the outbreak of the disease, whatchanges the environmental law system needs and what preventive legalresponse is necessary. The basic premise of this article is based on the needfor human beings in the philosophical-legal field to review their relationshipwith nature and animals, and in practice, with the outbreak of this disease, itis necessary to take some legal measures.

The outbreak of coronavirus, which first started in Wuhan province ofChina and infected the whole world in less than eleven weeks, has been oneof the most important challenges to human health and safety since WorldWar II. Although the main task of ensuring the health and minimumlivelihood of human life is the responsibility of state and the place of humanhabitation, the various economic, social and health effects of the coronaviruson human life necessitate humanitarian assistance from all states. The mainquestion of this article is whether there is a customary obligation for states tohelp each other in combating the spread of the coronavirus and its economic,health and social consequences. The author's hypothesis is that there is acustomary obligation for affluent states to assist vulnerable states incombating the Quaid-19 virus. In particular, the inability and failure of astate to fight the virus will lead to its proliferation and spread to neighboringstates and beyond, and it is in the interest of all states not to limit the fightagainst the virus to their national and internal borders.

The Covid-19 virus pandemic in the country created a special emergencysituation that affected all health, economic and social sectors. Public affairsmanagement in health emergencies requires special administrative laws andregulations, and for this reason, the administrative law of the country shouldhave taken precautionary measures to establish necessary mechanisms tomanage these affairs in these circumstances. Although public healthmanagement is a category of health administrative police, however, Iran’sadministrative law has several legal gaps in this area; such as the lack of acomprehensive public health management law, ambiguity in the legal systemgoverning emergencies, lack of a specialized council in the field ofcoordination of public health management, fragmentation and organizationalparallelism, ambiguity in standards of the public service delivery, lack ofmechanisms to anticipate and prepare for future health crises. Therefore,reforms in the administrative legal system and the development of healthadministrative law are necessary for the proper management of health crises.

The outbreak of Coronavirus or Covid-19 has had profound effects onvarious areas of social life. Legal rules have not been spared from the spreadof the virus. As far as intellectual property rights are concerned, these worksare evident not only in the field of industrial property rights, but also in thefield of literary and artistic property rights. Especially in the field ofpharmaceutical inventions, the need for reconciliation between the publichealth requirements and the exclusive rights of inventors and trade secretsassociated with the coronavirus has become more apparent than ever. TheUnited Nations and the World Health Organization (WHO) have issuedresolutions emphasizing the need for unity in equitable access to healthtechnologies against Covid-19 in all parts of the world through the shareduse of knowledge, intellectual property and data. In this regard, some juristsrecommend the need to use the mechanism of compulsory exploitation(compulsory license) and other exceptions to the economic rights ofinventors and trade secret owners. Other works of Covid-19 on industrialand commercial property rights include extending the deadlines related toindustrial property rights and responding to the Patent Office until the stateof emergency is resolved. In the field of literary and artistic property, exceptfor software and databases, in addition to using the exceptions of theeconomic rights of creators, the focus is mainly on dramatic works andfinancial aid to their performers who are deprived of economic interestsbased on the pandemics.

The coronavirus pandemic experience showed that in pandemics andsimilar conditions such as the spread of Infection, contamination or radiationwhich present or could present significant harm to the human health, it isdifficult to enforce certain legal obligations governing companies. Agilelegal systems quickly responded to these situations by changing their legalprovisions and adapting conditions. In this article, by comparative study ofIran and England laws and regulations, the theoretical foundations, legalbasis and limits of stat's intervention in Company law in CoronavirusPandemic are examined. This study shows that in coronavirus pandemic, Inorder to protect the public interest, UK government has adopted theapproach of rapid and extensive intervention in the field of corporate law.Concession theory, more than other theoretical foundations of CorporateLaw, justifies the theoretical basis of this vast and rapid state interventionand Public Health (Control of Disease) Act 1984 provided the legal basis forthis intervention. Among the existing legal capacities, Iran's legal system hasused the capacity of Article 176 of the Constitution to respond quickly to thepublic health threats in the Coronavirus Pandemic. But state intervention inIran's Corporate Law has been more limited.

The emergence of Covid-19 disease has made a particular economicsituation which by its turn has affected competition in different markets.This research is going to analyze the approach of competition law in front ofcompetition challenges in the light of public interests and ensuring publichealth. In the present paper, the aspects of agreements, unilateral practices,concentrations, state aids and unilateral government interventions in thecompetition field are examined from the perspective of competition rules,regarding the particular situations imposed by Covid-19. This study revealsthat competition law allows a great deal of flexibility to ensure economicefficiency in a crisis and provides significant block and ad-hoc exemptions,but it has strengthened its surveillance and governance in particular healthmarkets and public essentials and commodities. Confronting unnecessarycollaboration of competitors, especially exchange of commercially sensitiveinformation, excessive pricing in pharmaceuticals and health products,prohibition of misleading statements about drugs or Covid-19 treatmentmethods, facilitating mergers between R&D undertakings or centers inhealth sector, regulating state aid to enterprises affected by the Covid-19crisis and the regulation of unilateral and direct government interventions incompetition is one of the important calls of competition law in the duringparticular period of time. Although it must be admitted that competition law isnot ready for facing up to all aspects of the Covid-19 crisis and balancingbetween protection of its fundamental values on one hand and safeguardingeconomic activities and assuring public health in the other hand. In Iranian law,this difficulty is more evident because our existing competition law has nosolution to the problem and, accordingly, the current rules needs revision.

With the advent of Covid-19, serious transformations have taken place invarious areas of life, including the style of general and specialized education.If in the past, classrooms were held in a physical environment with face-tofacepresence of teachers and students, following the Corona era, there was asignificant change in school and university education and virtual educationin order to continue the education process and not stop the serious matter ofeducation, E-Learning replaced the previous method. In virtual classrooms,instructional content, including videos, music, articles, and instructionalslides, is provided by the professors or students for teaching or classroomexercises in the instructional system. In addition; the entire training classwill also be recorded and subsequently made available. Each of these topicscan be a work protected by the system of literary and artistic property rights(copyright). Therefore, their creators have the right to claim infringement ofintellectual property rights and plagiarism in connection with unauthorizedpublishing and other unauthorized exploitation. The problem of the presentstudy is what the dimensions and risks of intellectual property rights in elearningare and how these concerns can be managed. The paper concludeswith an analytical-descriptive method that the creators of scientific, literaryand artistic works in the process of E-Learning can manage the secondaryuses by using the technologies resulting from the Digital Rights Managementand block chain. Nevertheless, exceptions to intellectual property rights canimpose rights and privileges in the public interest. In the meantime, theadoption of the 2019 EU Directive on Copyright, Marrakesh Treaty and thejurisprudence of some countries will play a vital role in establishing the rightof users to access knowledge in critical situations such as Corona Pandemicand other infectious diseases. In addition, open access promoters have madea significant contribution to meeting public needs.

As a result of the Covid-19 pandemic and its catastrophic effects t ondifferent aspects of human life, including national health and security andpersonal and social wellbeing of people, there must be special considerationto the criminal proceedings and the situation of the prisons and the prisoners.There have been some initiatives in the form of regulations and bylaws tomanage the special conditions created by judicial authorities and correctionsystem to materialize the social distancing requirements in prisons. Besides,this disease and its fast spread created many chances for development of theIranian judiciary system along with the developed countries. Some of themeasures taken in this era are included in an executive order called"organization and moderation of prisons' population" and some otherinitiatives like maximizing the use of parole and probation, alternativepunishments and electronic proceedings. There have been also challengesand deficiencies in our legal system which are related to this pandemic andmust be considered carefully. In this paper, analysis has been made about theeffect of covid-19 pandemic on prisons and prisoners and challenges andopportunities created.

The advantages of air transportation in terms of human welfare, economicgrowth and social integration are outstanding and undeniable. However, thehigh speed of aircraft has made such means of transportation as the mainfactor of spreading viruses and communicable diseases among the countries.Spread of Covid-19 virus from China to other countries by aircraft and thedisruptive role of some airlines in this regard necessitated a re-thinking ofthe air carriers; liability. Regardless of the social liability of air carriers, theircivil liability for spread of virus between the passengers has becomecontroversial among the scholars. The basic issue to deal with is that on whatconditions an air carrier might be held liable for such spread of virus. Acomprehensive analysis of this issue, requires a re-thinking of the concept of“sinister/occurrence” within air transportation under article 17 of WarsawConvention 1929 or Montreal Convention 1999, further to the generalobligations of air carriers for compliance with the relevant healthrequirements.

In substantive and formal criminal law, especially criminal procedure, thepurpose of the legislator in legislating and approving new regulations, takinginto account the new conditions, is to facilitate matters in the criminalprocess in such a way that the rights of the litigants are respected. Of course,in this regard, according to legal principles, the legislator pays specialattention to the accused to protect his rights. At present, in view of thewidespread pandemic of the Covid-19 virus and its dangers to public safetyand the personal and social health of citizens, it is necessary to plan andorganize in order to prevent compatriots from contracting the virus.Therefore, it is the duty of all forces and executive bodies to take thenecessary and appropriate measures in this regard. The outbreak of the virusand the public's concern about it have had a profound effect on the criminalproceedings, as well as the way litigants appear in the judiciary and pursuetheir cases. To this end, the judiciary, judicial officials and managers haveconsidered measures in criminal proceedings and issued special sections andinstructions. Such as the circular issued by the First Deputy of the Judiciaryto all judicial and administrative units of the Judiciary in order to postponethe trial until the end of April 2020. In addition, the emergence and spread ofthis disease in the country have provided an opportunity for judicialpolicymakers to change their judicial system in line with the developmentsin developed countries. These legal opportunities and capacities includeelectronic surveillance of the convict, e-trial and its mechanisms. Of course,this disease has accompanied the judiciary with challenges and gaps thatshould not be overlooked. In this study, while explaining and examining theimpact of Covid-19 disease on the judiciary criminal and legal proceedingsopportunities as well as challenges created in this field will be examined.

Some parts of treaty and customary provisions of international law, forthe sake of protection of international public order, relate to individualcriminal liability. Hence, a new trend as international criminal law has beendeveloped. Rules of responsibility, whether in the area of criminalresponsibility or otherwise, are regarded as secondary ones. One of theimportant issues of international law, especially international human rightslaw, is "health". In this regard, rights for human beings and, consequently,duties for governments are envisaged. The prevalence of some diseases andviruses, especially Covid-19, has led to more attention being paid tointernational health law and its relevance to other areas of law. The presentpaper examines the relationship between international criminal law and thespread of pandemic viruses with emphasis on Covid-19. Examining therelationship between "health" and "international peace and security", "wellbeingof the world", and "international human rights", the authors tried todeal with the possibility of applying international criminal law in cases ofviolations of the right to health due to the spread of pandemic viruses.

The reports of some organizations of the United Nations and somecountries like France, show that the rates of domestic violence have beenincreased during the quarantine arising from Covid-19. Circumstances inlockdown increase the risk factors for domestic violence. To preventing andcombating domestic violence during quarantine, France has adapted itscriminal policy in the period of suspension or reduction of the activities ofthe courts. By declaring a state of Public Health State of emergency, Francehas mobilized significant resources to help the victims and ensured thecontinuity of justice in family matters. In this article, we examine thedifferent means mobilized by France to adapt its criminal policy tocombating domestic violence during quarantine arising from Covid-19.

This paper discusses the Covid-19 crisis from the perspective ofregulatory law. To be more precise, the main topic of discussion is theinteraction between epidemic situations and the regulatory state. The mainquestion of this paper is what effect or possible effects the epidemic situationwill have on the regulatory state, and the possible response of the regulatorystate to epidemic situations, such as Covid-19, draws which kind ofrelationship between the concept of the public interest and the marketsystem. The short answer to this question is that the entry of new shocks,such as health crises, into the regulatory system, pushes the regulatorysituation to a higher level, which requires more government intervention.This is due to various pressures, such as pressures from public opinion,stakeholders and pressures from market failures as well as the extent towhich the government adheres to public interest. At the same time, thefindings of good regulation and strengthening of supervision, monitoring andensuring compliance with regulatory regulations, along with reducing redtapesand strengthening international cooperation in the event of a healthcrisis, can provide an accurate picture of the new paradigm of governmentand market; A paradigm that is largely based on smart, outcome-orientedregulation, and aims to strengthen citizens' trust in the regulatory state.

The prevalence of Covid-19 has affected all social and individualactivities. It is obvious that the consequences of this pandemic have alsospread to the family as a social and legal institution. Especially with theprolongation of the disease, in addition to economic effects, its legal effectscan also be observed. Restrictions on preventing the spread of the diseasecan affect the rights and responsibilities of the family members. In thesecircumstances, it is necessary to identify the legal foundations that lead tochanges in these rights and obligations. It seems that principles such asharmlessness (LaZarar), urgency (Ezterar) difficulty and embarrassment andavoiding possible harm can help the Iranian legal system to find a suitablebasis for adopting legal solutions in the family. After that, one can commenton each of the couple's or parents' responsibilities. Issues such as maritalduties of the couple, meeting with the child, cohabitation of the couple, etc.in the event of the pandemics of a contagious disease, may be governed bydifferent rules which can be clarified by using legal principles.

The spread of the Coronavirus has created many problems for businessesand startups. The spread of the virus has led to a sharp decline in demand forgoods and services from businesses and has created many financial problemsfor these institutions. Challenges for businesses in the distribution andsupply chains and the imposition of personnel costs, government, etc.Besides, increasing the willingness of society to buy their items fromelectronic environments leads to the growth of businesses' tendency to selland supply products. In the electonic environments. But despite preventingthe spread of the virus, the new mechanism still faces challenges fromfinancing businesses and supply chain problems, as well as new challengessuch as transparency and security of exchanges. The solution presented inthis field is to provide fintech loans by credit companies and do business indecentralized platforms. Of course, implementing the stated solution willrequire some legislative and executive policies.

Since 2019, human social life has been confronted with the globalproblem of "Covid 19". This, of course, has led to problems for publicaffairs, including the field of contracts, as part of public affairs has been shutdown or partially shut down as a result. One of the most importantconsequences of such a situation has been the crisis in the relations betweenthe contracting parties, which will undoubtedly increase in the future. Thepresent article, realizing such importance, has discussed this issue in theIranian legal system. In this regard, this article seeks to answer the questionof what the consequences of "Covid-19" are on the administrative contracts.In answer to this question, an attempt has been made to answer it using theresearch method descriptive-analytical. The hypothesis of the presentarticle has been that in the current situation, Coronavirus has faced theexcuse of implementing some administrative contracts: "force majeure" and"unpredictable matters". In the end, it is concluded that, firstly, someadministrative contracts have faced the phenomenon of "force majeure" as aresult of the Covid-19 crisis, and therefore have faced the challenge oftemporary suspension to permanent suspension. Second, some of thesecontracts face the phenomenon of "unpredictability" because of Covid-19and it is worthwhile for the government to make a strategic and fundamentaldecision as soon as possible and without delay as to how to deal with thisdeadly virus, before the Covid-19 crisis triggers other crises.

Today The Corona Virus which overshadow all of the world, Create somany problems. These problems should be studied in different legal aspects.One of the legal issues is the civil liability of the one who transmits the virusand harms others physically, financially or spiritually.In this Article, we try to explain the civil liability in Corona Virus casesand also review the factors like the injured persons’ previous status whichcan eliminate the liability.

In the vicissitudinous history of public health in the world, emerging andreemerging pandemic diseases as one of the realities of social life according toits context and time have repeatedly afflicted human civilizations. The rapidoutbreak of these diseases on a global scale without respect for the sanctity ofnational borders is a natural result and the logical consequence of thousands ofkinds of solidarity and interdependence between states and nations. The spreadof Covid-19 at the beginning of the third decade of the 21st century, and thedifferent reactions of states to the outbreak of this disease in the realm of theirterritory, indicate an astonishing dispersion to confront this insurgent virus.Today, there is no doubt that any effective measure to control and eradicatepandemic diseases such as Covid-19, has a close link with the cooperation andcoordination of members of the international community. The internationallegal system has played a prominent role in international efforts to controlcontagious and pandemic diseases. Although different and complex aspects ofthe relationship between the international legal system and pandemic diseaseshave involved a range of different legal regimes, with a little contemplationone can determine the closeness and the intersection between theirrequirements. The present essay seeks to provide an answer to the question ofwhat international obligations the international legal system has concerningthe control of pandemic diseases, especially Covid-19. The findings of thepresent study show that the 2005 International Health Regulations, along withsome provisions of the 1994 Agreement on the Application of Sanitary andPhytosanitary Measures, form the core of governments' internationalobligations to control pandemic diseases, including Covid-19, although thereare shortcomings in these Obligations.

The crisis and the situation caused by the corona virus, which started inlate 2019 in Wuhan, China, were not limited to that area and becameincreasingly known as a pandemic on a mondial scale. The health risks ofthis virus were so great compared to similar viruses that now a large numberof patients, along with a large number of victims, have a worrying future. Inthese circumstances, the public authorities, including the government, theparliament and other public authorities and institutions of France, tookmeasures and decisions regarding mentioned circumstances.All the measurestaken or anticipated have been designed to allow the French health systembetter copeing with the growth of the coronavirus. from the point of view ofpublic law and, of course, administrative law, this issue has given rise tochallenges and debates in the area of the type, scope of measures and alsothe legal basis for creating a health emergency within the legal community.The governement was looking for a stronger juridic base.To this end, onMarch 18, 2020, in addition to the legislative measures, two bills, one on theorganic law on the conduct of the Constitutional Council in the processing ofcomplaints related to the rights and freedoms guaranteed by the Constitution,and the other on Common law, under the title of emergency measures to dealwith the epidemic, was presented to the French Senate, which has becomethe legal basis for government action in the next steps.

With the spread of the coronavirus disease, the states for managing itseconomic and social effects have implemented support social packages.Among the social packages provided by the governments to support workers,employers and production the social security incentives are notable.Insurance exemptions, reducing employer and worker contributions,deferring premiums, paying unemployment benefits, paying sick benefits orpaying financial aid were some of the incentives that social securityorganizations in the Corona crisis have paid. However, in some countries thecoverage of these support packages are subjected to non-dismissal workers.In the Iranian legal system, the protection of individuals in times of social,economic and natural crisis according to the Act of Structure of theComprehensive System of Welfare and Social Security approved on21/2/2004 is the duty of the government. Iranian Social Securityorganization, as one of the largest social insurance institutions in Iran,implemented policies and programs adopted by the government and otherdecision-making institutions. Part of this policy was economic support suchas paying unemployment benefits or delaying the payment of premiums.Some other policies were adopted in the form of treatment measures for thetreatment of coronary heart disease in the organization's hospitals. However,all of these measures have incurred high costs for the Social SecurityAdministration, and it is, therefore, necessary for the government toreimburse a significant portion of these costs. This article explains thepolicies and actions of social security organizations in different countriesduring the Corona crisis. It, then, examines Iran's social security system andits policies and programs at the time of the spread of the coronavirus. In thisregard, in the first part, the social security policies and programs of differentgovernments at the time of the spread of the coronavirus are described and inthe second part, the policies and programs of the social security system ofIran are analyzed.

Employment Relations, like other areas of human life, are affected bynatural disasters and social, economic, and political necessities. In anefficient legal system, following the various emerging situations, it ispossible to apply measures that can meet the event's needs based on legaland possibly contractual provisions. The covid-19 pandemic can beconsidered a natural and, of course, not very predictable event that affectedvarious aspects of the country's political, social, and economic life. Thisepidemic in Employment Relations has a severe and destructive effect, suchas the forced reduction of working hours and the disappearance of jobopportunities. Under a descriptive approach, this report first deals with thelegal analysis of the Covid-19 pandemic and its impact on the employmentrelationship. Then, according to the potential of the Iranian legal system,including the situations provided in the labor law and social security law, thesolutions and legal necessities governing this situation will be providedaccording to the different related parties, including the government,employees, and employers. In addition, the rights and duties of each will beexplained.

The early days of 2020 coincided with a deadly virus outbreak calledCorona that swept through the world one after another. Although medicalscience is at odds with it for a moment, the effects that this unknown virushas left or will have on all human beings are also innovations that otherdisciplines must take action to determine. One of these issues is theconsequences of not having or delaying the implementation of obligationsdue to reduced traffic and closure of centres or communities. In this article,while identifying the legal nature of this disease, it is tried to examinewhether this nature applies to the concept of exemption of the Force Majeureor not. Finally, the government's civil liability for compensation for civilianand financial losses to citizens has been assessed.

The realization of the right to health and the provision of public access tohealth care are essential to the enjoyment of other human rights. Becausehealth enables people to have an equal fair opportunity to achieve their goalsand pursue their life plans. Stigma and discrimination have been prohibitedas one of the key barriers to access health care, and a factor in increasinginequality in health outcomes. One of the adverse consequences of theCOVID-19 pandemic is its association with social stigma anddiscrimination. In this study, the concept of stigma is described and thecauses of COVID-19 stigma are analyzed, and also the strategies to deal withit are discussed. In answer to the question of the causes of the COVID-19stigma, it can be said that the stigma is caused due to the defensivemechanism and cognitive adaptation that humans adopt in order to avoidsocial contact and interactions with the carrier of this infectious pathogen.Fear of violation of privacy and disclosure of information on the one hand,and stigma caused by the disease on the other hand, due to the feeling ofworthlessness and isolation in the labeled person can avoid him fromreferring to care and treatment services; This matter not only can increasethe risk of complications and death in the patients, but also not receivingmedical care by the patient or discrimination in providing health care to himcan cause the spread of infection in society and endanger public health.Informing community members in order to eliminate misconceptions andchange attitude is recommended as the most important way to deal withstigma and prevent the spread of disease in society.

Although laws and regulations in all legal systems are typicallyformulated, enacted, and promulgated for ordinary situations, sometimessituations arise for political systems that endanger the life of society. Tomanage these dangerous situations, there are various tools in politicalsystems, one of which is to declare a state of emergency. In such cases,restrictions on fundamental rights and freedoms, including the right ofmovement, the right to employment and the freedom of the media, areimposed. Given that the fundamental rights and freedoms of the people arerestricted in a state of emergency, it is imperative that governments adhere toa set of formal and substantive rules so that this situation does not lead to afundamental violation of fundamental rights and freedoms. With the spreadof Covid 19 disease around the world, some countries have declared a healthemergency in order to deal with the disease. In Iran, although the capacitiesof Article 79 of the Constitution were not formally used and a state ofemergency was not declared, the use of Article 176 of the Constitutionimposed restrictions on some rights and freedoms. An examination of theprocess of applying these restrictions in Iran shows that the formal andsubstantive requirements for emergency situations have been met to a largeextent.

The link between armed conflict and epidemic-related conditions begs thequestion of how and to what degree the implementation of the Internationalhumanitarian law commitments is influenced by the presence of suchcircumstances. Humanitarian norms, whose principal objective is to protectindividuals and objects by regulating the conduct of hostilities and limitingthe parties to the conflict in their choice of means and methods of warfare,require a review of purely military judgments in the situations resulting fromwidespread diseases, particularly in the case of medical personnel working inhospitals and centers who, despite their dual purpose, have a direct impacton the fight against the disease.