Jurisprudential-Legal Analysis of "Right to Health" and "Government Responsibility" in Conditions of Corona Outbreak risprudential-Legal Analysis of "Right to Health" and "Government Responsibility" in Conditions of Corona Outbreak
Medical Figh,
Vol. 12 No. 42 (1399),
23 October 2020
,
Page 1-16
https://doi.org/10.22037/mfj.v12i42.33667
Abstract
Background and Aim: Governments are responsible for providing health services based on their human rights obligations in the event of an outbreak of an 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, these commitments have not been properly implemented in Corona crisis and the "right to public health" has been influenced by some nationalist approaches. Materials and Methods: 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.Conclusion: Findings of the article indicate that the Islamic jurisprudential system has the ability and capacity to suspend 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 caution” and “the rule of urgency” and as necessary, determine and bind norms and requirements. 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 emergency situations in both national and international areas.
- Corona, Right to Health, Government Responsibility, Islamic Jurisprudence, Human Rights, Infectious Diseases
How to Cite
References
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