جستجوی مقالات مرتبط با کلیدواژه "corona-virus" در نشریات گروه "فقه و حقوق"

With the spread of the corona virus (Covid-19) in 2019, in addition to various physical, material and spiritual damages, it affected the social and economic life of many people, especially the people of Iran. Due to the fact that the mentioned virus appears in different ways in people, it may cause blood loss in infected patients and it is necessary to supply the need from the blood bank. Therefore, among the legal issues that can be raised in connection with the provision of blood by the blood bank in the conditions of the outbreak of the Covid-19 (Corona) virus, is the civil liability of the blood bank. According to this research, which was carried out using a descriptive-analytical method, blood bank employees are responsible for the patient's health during the transfusion of blood or its products under normal conditions, and they are responsible for compensation to the extent of the effective fault in the damage caused to the patient. Therefore, in emergency situations, such as the uncontrollable situation of Corona, the blood bank does not have any responsibility towards patients requesting blood, and if blood or blood products are requested and prepared for the patient according to the doctor's order, depending on the extent of the doctor's fault and lack of His supervision of the blood transfusion by the nurse, the civil liability is imposed on him, unless the fault of the nurse is proven for his improper performance. Finally, compensation for both material and moral damage, depending on the effectiveness of the performance of each of the above-mentioned departments, is charged to them individually or jointly.

Due to volatile socio-economic conditions, refugees are more exposed to coexistence difficulties than other human societies, and the Covid-19 crisis has raised serious concerns about their health and well-being. The main question is how the emergency situation resulting from the covid-19 pandemic have affected the rights of refugees guaranteed by international treaties? Study of policies and induction in the practical approaches of governments in the target communities shows that due to the multiplicity of decision-makers in the international and national arena, guaranteeing and respecting the human rights of refugees does not follow a single model and a has a wide range of measures. It shows a variety, from the complete refusal to respect of their rights to comprehensive coverage of it. Most crisis management solutions for refugee communities are short-lived and ineffective; they also depend largely on the degree of well-being and development, and the intensity and weakness of the acceptance of the democratic institutions and standards of the host country. As a result of such circumstances, the rights of refugees have been continuously and widely violated, raising serious concerns about the continuation of this situation in the post-Corona era.

Travel for family visits is among the issues which have always been emphasized by Islam. However, according to the opinions of specialists travels and parties during the corona virus contagion would cause the extensive spread of the virus and infection of a great number of people resulting in huge financial losses and physical harms. Therefore, it is imperative to analyze the responsibility of the individuals who, in spite of the warnings, go to journeys and organize parties from jurisprudential point of view. The present research aims at establishing the responsibility of the persons who overlook the corona rules and restrictions and cause further spread of the virus by travelling and visiting their relatives based on the opinions of Imamiyeh Jurisprudence. This article deals with the issue through studying and meditating in the major jurisprudential texts and by means of a descriptive-analytical method. Findings and results of the research show that based on the opinions of the jurisprudents and according to such rules as the no-loss, prohibition of homicide, waste… the individuals who are infected with Covid-19 and are aware of their infection shall be responsible in the event of traveling and attending in parties and inflicting damage on other individuals; and the unaware individuals with Covid-19 disease shall also be responsible based on the principle of precaution and mandate of disposing the likely loss, and the rules of warning, guardianship… cannot be used as a disclaimer by these individuals.

Sometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values ​​that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms.

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.

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.

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.

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.

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.

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.

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 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.

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.

Epidemic diseases have always been one of the major threats to human health; a recent example of this type of disease is Covid-19. This disease has created many problems in various fields, especially in the economic field; Contracts, as an essential tool of economic prosperity, were no exception to the impact of this ominous event. The widespread of the Covid-19 has led governments to adopt rules and regulations in various fields. These rules, which prevent the spread of the disease, cause the implementation of contractual obligations with long delays, the impossibility of fulfilling obligations that have been limited in time, and the cancellation of the purpose in some contracts or complex implementation. Such problems have caused much controversy. On the other hand, in every legal system, there are provisions in such incidents to the aid of judges, lawyers, and business people and to prevent or resolve disputes. This research attempts to review these legal solutions based on the contract principles, especially the principle of favor contracts.

Given that in the event of outbreak of pandemics, especially in the case of Covid-19, all capacities of the countries are allocated to prevent the spread of the disease and maintain public health, it is obvious that host states in crisis situations cannot abide by all obligations they have assumed under Investment treaties for protection of foreign investor, as they do in normal situations, and even some of their preventive measures will cause damage to the investor. The investor's recourse to arbitration in the event of an outbreak of a pandemic or the possibility of filing action by an investor after controlling the disease can limit the measures a state can do to protect the lives of its citizens. With the aim of focusing of the host states on protecting the lives of citizens and the public health of society, this article, using a descriptive-analytical method, answers the question of what procedural and substantive defenses under investment treaties, the host state may assert against the investor's claims resulting from state measures in pandemic situations to protect its essential interests.

In the contemporary era, we are witnessing the humanization of international law following the internationalization of human rights, as well as the humanization of security and the acceptance of human security in the international community. Global diseases such as Corona can be assessed as a common concern or collective human concern that, while endangering human security, can become a threat to national security and even a threat to international peace and security if not managed properly and efficiently. To be. In this article, with a descriptive-analytical method, the conceptual realm of the right to health as the most important right at risk of this virus is analyzed and the performance of the World Health Organization in this regard is evaluated. This article concludes that the right to health as a social right that belongs to the second generation of human rights and inherently requires positive intervention by governments, but in the event of global diseases such as coronary, individual action by governments is not effective and the result It depends on cooperation, coordination and international solidarity.

In the wake of the Corona virus epidemic, which has plagued many countries around the world, unilateral US sanctions on Iran have exacerbated these problems and posed serious obstacles to securing citizenship rights. In these cases, governments are mainly trying to use all available capacities to get out of these problems. One of the contexts and capacities that has always helped countries to achieve their rights is non-governmental organizations. However, in the Iranian legal system, not only is this platform not used properly, but there are basically serious obstacles in the way of using these capacities. In this study, in order to answer the question of what are the solutions to get out of the current situation of the legal system around non-governmental organizations, in order to benefit and ensure civil rights during the Corona virus, the international capacities and harms of the domestic system are addressed. Finally, solutions in three areas are presented. It should be noted that the research method used in this paper is descriptive-analytical and the method of collecting library information.

The emergence and spread of the corona virus in late 2019 in most countries of the world paved the way for developments in economic, cultural, political and legal issues on a large scale. Iran was no exception, and government officials devised and implemented strategies to address the challenge. The establishment of the National Coronation Headquarters was one of the most important measures to prevent the spread of the virus and reduce its negative consequences. The result was the decision of the Supreme National Security Council. In this regard, while coordinating the actions of the relevant agencies, the headquarters has approved and communicated various regulations related to its assigned duties, which examine the position of these approvals in the Iranian legal system and the manner of religious and fundamental supervision over its performance gives. The present article is based on the assumption that, given the legitimacy of the activities of these headquarters by the Supreme National Security Council, the value and status of the headquarters regulations can be considered in line with the decisions of the council. On the other hand, due to the independence of these headquarters from the three forces and its specificity, the religious and fundamental supervision of the Supreme Leader and the Supreme National Security Council can be considered the only way to ensure the correct functioning of the National Headquarters for Combating Corona.

Covid 19 which is a member of the big family of corona viruses, has caused a widespread lock down of businesses and blockage of human activities which is unprecedented and even world wars were not able to do so. Despite the infection of more than four million people around the world and hundreds of thousands of deaths following this worldwide pandemic, there were also some positive effects for this disease in different areas such as decline in the consumption of energy, greenhouse gases and environmental damages and pollution around the world. Although there were negative effects for covid 19 like the increase of food consumption during quarantines caused by it and increase of water consumption because of hygienic purposes. Besides these consequences, there is a question about the criminal aspects of covid 19. In this respects we can mention three different topics in relation to Iranian criminal and environmental law, including the crimes related to special medical waste, transfering the virus to the animals and threatening the public hygiene.

One of the new ideas in protecting the victims, is the state's responsibility for compensation of the victims and the word victim includes the people who has suffered damage from a social incident because of the fault of the state. Powerful advent of the virus Covid 19 cab been seen as one of the victim maker factors that requires the state's reaction for compensation. The aim of this article is to provide a better understanding of the legal situation of Iran in responding to the victims of social event. The survey is to define the basis of the state's compensation in Iranian legal system and to introduce the reliable institutions. However, as a necessary preface it should be noticed that this matter shall be independent from the political and managerial matters. Independency of the matters related to justice is one of the requirements which is necessary especially in the financial matters