Legal Analysis of Government's Civil Liability for Damages Arising from COVID-19 (Coronavirus)

The epidemic, and indeed the pandemic, of COVID-19, which has engulfed the world for over three years, has affected tens, if not hundreds of millions of people, claiming the lives of several million worldwide and leaving extensive human and financial losses in its wake. In Iran, besides the loss of life, the government's suspension of economic activities and the costs of prevention and treatment of this disease have caused substantial damage to the country's economy and individuals. These human and financial losses sometimes resulted from individuals not adhering to the guidelines of the National Coronavirus Headquarters and health protocols, and at other times, due to the actions or inaction of government officials. For example, due to improper government management, the disease spread during certain periods, leading to fatalities and financial losses for some.Considering the government's ample resources and authority for controlling the coronavirus and implementing healthcare measures, can it be argued that government negligence, shortcomings, and mismanagement will result in attributing the losses to it? This research, conducted descriptively and analytically, examines the legal provisions that address the government's responsibilities in the field of healthcare and evaluates the government's performance during this period. It can be concluded that, in some cases, the principle of "Ehsan" (benevolence) will come to the government's aid, and based on the general principle "We are beneficent to those in need," it will be immune from liability. However, in certain instances, the damages inflicted on the people due to government shortcomings can be deemed compensable.