جستجوی مقالات مرتبط با کلیدواژه « responsibility of states » در نشریات گروه « پزشکی »

In this article, the legal foundations of State responsibility for pandemics due to the failure to observe "due diligence" standard of care in dealing with the pandemic, as well as the factors that preclude the responsibility, will be analyzed. The factors include force majeure, urgency and necessity. The main question is whether the State in the international arena be held responsible for the negligence or failure to prevent the spread of the internal or international spread of the disease?

The research method is analytical-descriptive and the data collection method is library, with emphasis on interpretation of judgments, codifications of the International Law Commission, and legal texts and the analysis of the doctrines.

In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.

There are various elements and criteria to evaluate the States behavior, one of which is the distinction between primary and secondary obligations of States in dealing with pandemics. The violation of the primary obligations results in the secondary obligations. Therefore, in order to prove the responsibility of the State, the violation of the primary obligations must be accompanied by negligence, fault, or non-compliance with the "due diligence" standard of care.

In dealing with pandemics, failure to comply with certain regulations and health systems are considered as a breach of obligations if negligence, fault, or non-compliance by the State is established. A responsible States may plead to factors or circumstances precluding the wrongfulness of conduct, such as force majeure, emergency and necessity. On the other hand, the injured State, subject to certain conditions, and the non-injured State, if proven erga omnes, have the right to resort to the responsibility of the State concerned.Please cite this article as:Safari F. Legal Foundations of International State Responsibility for Pandemics - The Covid-19. Medical Law Journal. 2022; 16(57): e24.

One of the fundamental human rights is the right to health, which is significantly related to the right to life and the right to human dignity. Domestic, regional and international rules and regulations have placed the task of respecting this right and guaranteeing its enjoyment on domestic and international policy-making and decision-making bodies. In the critical situation of pervasive and transboundary diseases and the imposition of primary and secondary sanctions, the responsibility of each national and international institution is considered.

The compilation of this research article is based on theoretical analysis with research method in the form of analytical reasoning using the library method which has been done by referring to the documents, books and articles.

In case of any negligence or lack of responsibility on the part of governments and international organizations, the spread of a disease can endanger the right to health and the right to life of people in different parts of the world. Among the rights that should be guaranteed in relation to the right to health are the right of free access to health information, the right of access to cost-effective essential medicines, the right to use drugs and new innovative prevention and treatment methods, and the right to trade and financial exchanges. This article also examines the boycott of health and medical items and the restriction of access to basic new drugs of discovery under the pretext of intellectual property rights.Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Considering the types of sanctions in the field of health and explaining the superiority of the right to health over other legal and contractual arrangements, according to the principles and values ​​of the human society, international organizations, governments and even individuals, based on international documents and procedures have obligations and responsibilities to which they must be accountable to human society. In situations such as the spread of pandemic diseases, these institutions have responsibility and are obliged to compensate for the damages caused by their act or omission.