Document Type : Original Article

Authors

1 PH.D. Candidate. Department of Private Law. Faculty of Law. South Tehran Branch. Islamic Azad University

2 Assistant Professor of Law, Islamic Azad University, South Tehran Branch

Abstract

The death and unemployment of millions of people due to the pandemic spread of Coronavirus highlighted the issue of states civil liability in controlling and preventing the virus spread. The vaccine discovery and vaccinating measurements of some states in a timely and complete manner, which led to the control of virus and decreased the numbers of deceased, raised the issue of government's obligation to effectively vaccinate the people and compensate for the material and spiritual losses caused by such default. In this Article, besides numerous legal documents, the procedure to ascertain the causative relationship between the states civil liability and the scope of the government civil liability for non- vaccination of the people against Covid-19 as an omission are examined. Through studying the rules and features of civil liability in Iranian and British law, it is concluded that, in a general sense and considering the exclusive capabilities and authorities allocated to the states by the constitution and other laws for the purpose of protecting citizens' health, state has civil  liability for the people’s damages in this respect.

Keywords

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    References

    Books

    1. Ahmad Raslan, Anwar, The Responsible State of Non-Compulsory Government, Encyclopedia of Judiciary and Jurisprudence of the Arab State, 1983, Vol. 123, 2nd (in Arabic)
    2. Hosseininejad, Hosseingholi, Civil Liability, Jahad Daneshgahi Shahid Beheshti Univercity Publishing, 1991. (in Persian)
    3. Katouzian, Nasser, Civil Law: Non-Contractual Obligations: Coercive Guarantee, Tehran: University of Tehran, First Edition, 2005. (in Persian)
    4. Katouzian, Nasser, Philosophy of Law, Vol. 1, 9th Edition, Ganj-e-Danesh Publishing, 2019. (in Persian)
    5. Nahrini, Fereydoun, Provisional Order in Iranian Law and Research in Comparative Law, Ganj-e-Danesh Publishing, Third Edition, 2007. (in Persian)
    6. Safaei, Hossein and Habibollah Rahimi, Comparative Civil Liability, 2nd Edition, Shahre-Danesh Publishing, Tehran, 2020. (in Persian)
    7. Zangbari, Nasser, Banking Law, Vol. 1, Roozbehan Publishing, 2012. (in Persian)

    Articles

    1. Barnes, Beth A, "Negligence, Medical Malpractice, Vicarious Liability, orPatient Responsibility: Who Should Pay When a Patient Contracts MRSA from a Healthcare Facility", Indiana Law Review, Vol. 7, 2010, pp 335-365.
    2. Elsan, M, “Government Civil Liability for Infectious Diseases) Case Study: Covid 19)”, Legal Research Quarterly - Special Issue of Law and Corona. (in Persian)
    3. Feyzabadi, E,” Investigating the Liability of Individuals and the Government for Corona Virus Damage”, Quarterly Journal of New Approaches in Islamic Studies - Volume 2, Number 4, Autumn2020. (in Persian)
    4. Javaheri, Mohammadi, H,” An article on the feasibility of applying the force major to the conditions resulting from the corona outbreak with emphasis on judicial procedure”, Journal of Justice, Volume 85, Number 114, Summer 2021. (in Persian)
    5. Mozaffari, M & Mirzaei Moghadam, M, “Legal Study of Government Performance and Responsibility in Compensating for the Damages Caused by the Covid Crisis” Legal Research Quarterly - Special Issue of Law and Corona. (in Persian)
    6. Nahrini, F & Ahmadi, M, “The Scope of Civil Liability of Government and Public Authorities in Compensating Damages Due to Blood Transfusion”, Medical Law Quarterly, 2018, No 44. (in Persian)
    7. Qureshi, Ahmer A, "Coronavirus & Contracts: How the Coronavirus May Trigger Force Majeure", American Journal of Law & Medicine, Vol. 46, Issue 1, March 2020, pp. 133-136
    8. Robertson, David W. "The Common Sense of Cause in Fact", Texas Law Review, 75, 1997,
    9. S. v. "Montrose Chemical Corp. of California. United States Court of Appeals, Ninth Circuit", Mar 21, 1995. 50 F.3d 741 (9th Cir. 1995).
    10. Urbina, S, "What Is Legal Philosophy Ratio Juris", Vol. 18, No. 2, June
    11. Vaezi, S M, “The Criteria of Sovereignty in Administrative Law of Iran”, Legal Studies Journal, Shiraz University, 206, No.2015. (in Persian)

    Sites

    1. https://Lexatlas-C 19. Org/ vaccination-principles/Legal, constitutional, and Ethical Principles for Mandatory Vaccination Requirements for covid19, Last visited on 3/2/2022.
    2. https://www.enronews.com. How a court ruling lays the ground for mandatory- covid19 vaccination. 2021/04/13 Last visited on 6/2/2022.
    3. https://www.bihr.org.uk/blog/4-cases-covid-19-vaccine, last visited on 2/2 2022.
    4. https://www.pinsentmasons.com/out-law/news/health-and-safety-civil-liability-to-end-as-house-of-lords-accepts-governments-plans. Last visited on 2023/10/13.
    5. https://law.unimelb.edu.au/data/assets/pdf_file/0008/1705769/32_1_2. GOVERNMENT LIABILITY IN NEGLIGENCE. Last visited on 2023/10/13.
    6. https://assets.publishing.service.gov.uk/media/5ebbc6e1d3bf7f5d364bfbcf/Our_plan_to_rebuild_The_UK_Government_s_COVID-19_recovery_strategy. OUR PLAN TO REBUILD: The UK Government’s COVID-19 recovery strategy Presented to Parliament by the Prime Minister by Command of Her Majesty May 2020. Last visited on 2023/10/13.
    7. https://www.hhrjournal.org/2021/07/student-essay-is-compulsory-covid-19-vaccination-a-violation-of-human-rights/ STUDENT ESSAY: Is Compulsory COVID-19 Vaccination a Violation of Human Rights? Last visited on 2023/10/13.
    8. https://www.oecd.org/coronavirus/policy-responses/enhancing-public-trust-in-covid-19-vaccination Enhancing public trust in COVID-19 vaccination: The role of governments 10 May 2021. Last visited on 2023/10/13.
    9. House of Commons.House of Lords.Joint Committee on Human Rights, The Government’s response to COVID-19: human rights implications Seventh Report of Session 2019. Published on 21 September 2020. Last visited on 2023/10/13.
    10. https://www.tasnimnews.com last visited on 20 July 2021. (in Persian)
    11. https://iqna.ir, last visited on 14 March 2020.The news of Golan Corona in the vacuum of managerial coherence and synergy of existing capacities. (in Persian)