Crisis of Corona and International Legal Responsibility of Governments in Health

Document Type : Original Article

Authors

1 Law, Law and Political Science, Islamic Azad University, Tehran, Iran

2 Law, Law and Political Science, Daily University, Tehran, Iran

Abstract

The present article seeks to answer the question of what are the legal responsibilities arising from the non-fulfillment of certain international obligations by governments, towards other governments and also towards the people? Findings indicate that according to the International Covenant on Human Rights, in particular the International Covenant on Economic, Social and Cultural Rights, the provision of health care by governments is not limited to nationals and peoples in their own country, but a commitment to international cooperation in this field. Is particularly important; On the other hand, with the spread of the corona virus and the outbreak of the emerging and deadly disease Covid 19 in the world, governments have begun to provide compulsory treatment services to people, especially those with the disease; The necessity of services is contrary to human rights rules. The provision of these services, in addition to violating some individual and collective rights, has in practice led to the violation of some of their international obligations, but given that these measures are optional and temporary, governments can not talk about the impossibility of full implementation of their treaties in international forums. To justify the violation of their international obligations because the effects of the Corona crisis on the inability to implement treaties are different. By emphasizing the rule of "force majeure" in Article 23, the subject of international responsibility of states, they prevent the admission of guilt resulting from the failure to perform the treaty and absolve themselves from the responsibility of breach of obligation.

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