Economic and Commercial Law Researches

International obligations of governments in managing the crisis caused by infectious diseases of children (with emphasis on the Gaza crisis and the Covid-19 pandemic)

Document Type : Original Article

Authors

Roya Zare Nemati 1
Seyed Ghasem Zamani 2

1 PHD Student in International Pulic Law at Campus of Allameh Tabtabaye University

2 Professor of the Department of International Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran

https://doi.org/10.48308/eclr.2024.235801.1062
Abstract
Contagious diseases have been one of the most important factors threatening human life, both in peacetime and wartime. In order to protect and guarantee as much as possible the right to life and the right to health of individuals, international law has predicted various obligations for governments in the field of crisis management caused by infectious diseases. In the meantime, children are more physically and psychologically vulnerable than other population groups due to not having enough understanding of the dangers around them during a crisis caused by an epidemic of infectious diseases. This research has examined the issues and international obligations of governments in managing the crisis caused by infectious diseases in the children's demographic group, and addressed the challenges they face in this field. The findings of this article show that some governments have neglected to implement some of their international obligations and their performance in managing the crisis caused by children's infectious diseases has not been very favorable and effective, and it needs other new measures and policies that This research has been investigated.

Keywords

Crisis management
international commitments
infectious diseases
children
Gaza and COVID-19

  1. References

    Books

    1. Agenda for Sustainable Development (2030), translator Mehrnaz Pirouz Nik, UNESCO-Iran National Commission, winter 2014. (in Persian)
    2. Amini Hosseini, Kambed, Providing Executive Solutions for Reforming and Improving the Country's Crisis Management System Based on Global Experiences, published by the International Research Institute of Seismology and Earthquake Engineering, winter 2018. (in Persian)
    3. Fali, Seyed Sajjad, Principles and Preliminaries of Crisis Management with Examples of Crisis Events, Tehran, Plek Publishing House, 2014. (in Persian)
    4. International Health Regulations 2005, Ministry of Health, Medical Education and Communicable Diseases Management Center, translated by Peyman Hemmati and Hossein Akbari and translators group, third edition, Tehran Publishing: Tandis, 2016. (in Persian)
    5. Joseph, Sara and others, translated by: Dr. Seyed Qasim Zamani, Covenant of Civil and Political Litigation Laws, Doctrines and Interpretations, Shahr Danesh Legal Studies and Research Institute, Tehran, first edition, 2015. (in Persian)
    6. LITERATURE REVIEW ON LAW AND DISASTER RECOVERY AND RECONSTRUCTION, International Federation of Red Cross and Red Crescent Societies, Geneva, 2020.
    7. National Reconstruction and Rehabilitation Program (Clause C, Article 4 of the country's crisis management law), the country's crisis management organization and natural disaster research institute, November 2024. (in Persian)
    8. Sphere Project: Humanitarian Charter and Minimum Standards in Humanitarian Response, translated by Aziz Sami, first edition, Challesh Publishers, Tehran, 2013. (in Persian)
    9. Summary of the 1949 Geneva Conventions and Additional Protocols, Publications of the International Committee of the Red Cross, Tehran, 2003. (in Persian)
    10. The Midterm Review of the Implementation of the Sendai Framework for Disaster Risk Reduction( 2015-2030) ,Regional Report for Asia-Pacific, International Science Council, Paris, France, 2023.
    11. The Sendai Framework for Reducing the Risk of Accidents 2015-2030, translated by Behnam Saeedi and others, (Tehran, Ketab Padideh Publications, winter 2014. (in Persian)

    Articles

    1. Abbasi (Ashqli), Majid, Azimi, Hamed, “The Right to Health and US Sanctions with an Emphasis on Drug and Medical Equipment Sanctions”, International Studies Quarterly, 2022, No. 4. (in Persian)
    2. Azizi, Saeed and others, "Investigating the relationship between human capital development and crisis management", Journal of Social Capital Management, Volume 6, Spring 2018, No 1. (in Persian)
    3. Abbasi, Mahmoud, Mirabi, Sayeda Parisa, "The Right to Children's Health with an Emphasis on the Right to Sustainable Development in the Spread of Infectious Diseases from the Perspective of International Law", Journal of Medical Law, 2023, No. 58. (in Persian)
    4. Amir Famil Zovar Jalali, "Getting to Know the Obligations of the World Health Organization During the Epidemic of Diseases", January 26, 1400, https: //www.tabnak.ir/fa/news/1099228/ (in Persian)
    5. Ansari, Baqer, "Human Rights Dimensions and Challenges of Dealing with Covid-19", Legal Research Quarterly, Spring 1401. (in Persian)
    6. Begzadeh, Ebrahim and others, "Corona Problem in the Mirror of Contemporary International Law", Legal Research Quarterly, special issue of Corona, 2019. (in Persian)
    7. Dehghan Farooji, Fatemeh and others, "Children in Programs to Reduce Vulnerability to Natural Crises", Knowledge Quarterly of Crisis Prevention and Management, 7th period, 4th issue, 2016. (in Persian)
    8. Firouzpour, Kosar, "Achievements of International Law in Realizing the Right to the Health of Disabled Children", Legal Research Journal, summer 2021, No. 46. (in Persian)
    9. Gartland D, Riggs E, Muyeen S, Giallo R, Afifi TO, MacMillan H, et al,”What factors are associated with resilient outcomes in children exposed to social adversity? A systematic review”, BMJ Open 2019.
    10. Gazrani, Milad, "Investigation of the Legal Position of the World Health Organization in the Outbreak of Infectious Diseases", the electronic quarterly of legal researches of Kanon Yar, third volume, 2019, No 11. (in Persian)
    11. Haddadi, Mehdi, Moradian, Bahram, "The Concept of Due Care in International Law and the Regulations of the Financial Action Task Force", International Legal Journal, Autumn and Winter 2018, No. 61. (in Persian)
    12. Islami, Reza, Ajali Lahiji, Mahshid, "Challenges of Social Development in the International Human Rights System with an Emphasis on the Right to Tducation, the Right to Health and Poverty Alleviation", Legal Research Quarterly, 2015, No. 74. (in Persian)
    13. Jahangiri, Ketayoun and others, “A Comparative Study of Content and Structural Changes of Sphere Project in the Common Standards Section”, Emdad and Najat Magazine, 2012. (in Persian)
    14. Karimi, Siamak, "The Commitment of the State of Origin and other Governments to Prevent Cross-Border Damages of Covid-19", Public Law Research Quarterly, summer 2019, No. 67. (in Persian)
    15. Khanke, Hamidreza, Hosseini, Seyed Taimur, "Choosing the Best Crisis Management Model Caused by Natural Disasters in the Target Countries Based on the AHP Multi-Criteria Decision-Making Model", Strategic Defense Studies Quarterly, 15th year, Winter 2016, No 7. (in Persian)
    16. Khosravi, Hassan, "Human Rights Dimensions of Voluntary or Compulsory Treatment and Rescue Interventions for Covid-19 Patients", Legal Research Quarterly, Volume 23, Special Letter on Laws and Corona, 2019. (in Persian)
    17. Martin Krottmayer, Technological & Biological Hazard Preparedness (October 2020) Biological Hazards: Epidemics”, IFRC, 2018.
    18. Morovat, Mojtaba, "Children's Rights in Armed Conflicts", Journal of Public Law Research, Volume 8, 2016, No 18. (in Persian)
    19. Nami, Parsa, “Drug Supply: The Rights and Duties of Governments in the International System”, Tehran: Shahr Danesh Institute of Research and Studies, 2014. (in Persian)
    20. Nazari, Leila and others, "Challenges, Consequences and Requirements of Facing Emerging Infectious Diseases", Crisis Prevention and Management Science Quarterly, 12th Volume, 2022, No 2. (in Persian)
    21. Pedro A. Villarreal, “Counter-contestation in global health governance: The WHO and its member states in emergency settings”, Health Policy, Volume 131, May 2023.
    22. Qasabian, Javad, "Using New Methods in Urban Flood and Crisis Management with an Emphasis on Reducing Damage and Casualties", New Research Approaches in Management and Accounting Quarterly, 2019, No. 28. (in Persian)
    23. RanaMoustafaFouad, “The Legal Duty to Cooperate amid Covid-19: A Missed Opportunity?”, EJIL TALK, 22 April 2020.
    24. Seeger, Matthew, Ulmer, R.Ulmer,. “Virtuous responses to organizational crisis: Aaron Feuerstein and Milt Cole”,Journal of Business Ethics, 31(4),
    25. Seyed Mousavi, Mir sajad, "The Right to the Highest Attainable Level of Health", Journal of Legal Research, Volume 23, 2019, No 89. (in Persian)
    26. Khorshidian, Abdul Majid, "Reconstruction More Optimal than before; A Strategic Approach to Post-Disaster Reconstruction as an Opportunity for Development", Knowledge Quarterly of Crisis Prevention and Management, 5th session, 3rd issue, 2014. (in Persian)
    27. Teimouri, Fatemeh, Dabbagh Moghadam, Araseb, "General Health Status of Displaced Children Due to the Syrian War: A Narrative Review", Journal of Military Care Sciences, 2019. (in Persian)
    28. Wenham, Clare. "What we have learnt about the World Health Organization from the Ebola outbreak". Philosophical Transactions of the Royal Society B: Biological Sciences,  26 May 2017.
    29. Zamani, Seyed Qasim, "Corona Crisis and the International Commitment of the Government to Ensure the Health of Citizens, Special Issue on Corona and the right to health", Scientific Association of Constitutional Rights, Kherd Publications, 2019. (in Persian)
    30. Zamani, Seyed Qasim, Farhamandzad, Zainab, "America's Unilateral Coercive Measures against Iran from the Point of View of International Law with an Emphasis on the Procedure of the United Nations Human Rights Council", Journal of Legal Research, 1400, No. 48. (in Persian)

    Documents

    1. DISASTER RECOVERY FRAMEWORK FOR TROPICAL CYCLONE GITA, KINGDOM OF TONGA // OCTOBER 2018.
    2. CESCR General Comment No. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities: restricting marketing and advertising of certain goods to protect public health, E/C.12/GC/24,
    3. Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.
    4. Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.
    5. Draft articles on the protection of persons in the event of disasters, with commentaries,(2016), Adopted by the International Law Commission at its sixty-eighth session, in 2016, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/71/10).
    6. General Assembly, Sixty-fifth session, Implementation of the Declaration of Commitment on HIV/AIDS and the Political Declaration on HIV/AIDS High-level meeting on the comprehensive review of the progress achieved in realizing the Declaration of Commitment on HIV/AIDS and the Political Declaration on HIV/AIDS Report of the Secretary-General (A/65/797), 9 June 2011.
    7. General comment no. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights).
    8. General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12 of the Covenant), 11 August2000.
    9. General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24).
    10. General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24),(17 April 2013). Available at: https://www.refworld.org/legal/general/crc/2013/en/96127/
    11. General Comment No. 3 (2003) HIV/AIDS and the rights of the child, COMMITTEE ON THE RIGHTS OF THE CHILD, CRC/GC/2003/3 17 March 2003.
    12. Human rights implications of the lack of affordable, timely, equitable and universal access and distribution of coronavirus disease (COVID - 19) vaccines and the deepening inequalities between States - Report of the United Nations High Commissioner for Human Rights, 01 February 2022.
    13. International Federation of Red Cross and Red Crescent Societies, WORLD DISASTERS REPORT 2022 TRUST, EQUITY AND LOCAL ACTION, Lessons from the COVID-19 pandemic to avert the next global crisis,
    14. Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration.
    15. Ontario Human Rights Commission (OHRC), (2020),”Policy on Governments Human rights During the Covid-19 Pandemic”, November 2021.
    16. operation and Development (OECD) , 9 April 2020.
    17. Resolution 2532 (2020) / adopted by the Security Council on 1 July 2020.
    18. Resolution adopted by the General Assembly on 23 December 2015 [on the report of the Sixth Committee (A/70/509)], 70/236. Report of the International Law Commission on the work of its sixty-seventh session.
    19. RESPONSES TO COVID-19 AND STATES’ HUMAN RIGHTS OBLIGATIONS: PRELIMINARY OBSERVATION, 16 march,2020.
    20. Security Council resolution 1308 (2000) [on provision of training on issues related to HIV/AIDS prevention for peacekeeping personnel], 17 July 2000.
    21. The Committee on the Rights of the Child warns of the grave physical, emotional and psychological effect of the COVID-19 pandemic on children and calls on States to protect the rights of children, 8 April 2020.
    22. UN Committee on Economic, Social and Cultural Rights (CESCR), Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights, 2020.
    23. UN Committee on the Rights of the Child (CRC Committee), General Guidelines Regarding the Form and Content of Initial Reports to Be Submitted by States Parties under Article 44, Paragraph 1(a) of the Convention. 1991. UN Doc. CRC/C/5/1991 , adopted by the Committee at its 22nd meeting (1st session) on 15 October 1991.
    24. UN General Assembly, “International cooperation to ensure global access to medicines, vaccines and medical equipment to face COVID-19”, 74/274, 15 Apr 2020.
    25. Committee on Economic, Social and Cultural Rights (22nd sess.: 2000: Geneva) , General comment no. 14 (2000), The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), 2000, para. 45.
    26. United Nations Office for Disaster Risk Reduction, Sendai Framework for Disaster Risk Reduction( 2015 – 2030).

    Online Resources

    1. https://turkiye.un.org/en/251952-guterres-%E2%80%9Cgaza-becoming-graveyard-children%E2%80%9D/
    2. https://www.ohrc.on.ca/en/news_centre/ohrc-policy-statement-human-rights-covid-19-recovery-planning.
    3. https://persiansign.ir/my_documents/my_files/Full-Task%206-%20final%20version-Farsi.pdf/
    4. https://www.amnestyusa.org/press-releases/responses-to-covid-19-and-states-human-rights-obligations-preliminary-observations/
    5. https://www.undrr.org/publication/sendai-framework-disaster-risk-reduction-2015-2030/
    6. https://digitallibrary.un.org/record/425041/
    7. https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-24-2017-state-obligations-context.
    8. https://digitallibrary.un.org/record/425041/
    9. https://digitallibrary.un.org/record/1323014?v=pdf#files/
    10. https://digitallibrary.un.org/record/137523?v=pdf/
    11. https://documents.un.org/doc/undoc/gen/n15/457/44/pdf/n1545744.pdf?token=ec0pX0uHN6nQhYDUzH&fe=true/
    12. https://www.refworld.org/legal/otherinstr/ilc/2016/en/123342/
    13. https://www.refworld.org/pdfid/4538838d0.pdf/
    14. https://www.refworld.org/docid/45139b464.html/
    15. https://www.unicef.nl/files/INT_CRC_STA_9095_E.pdf/
    16. https://digitallibrary.un.org/record/418823?v=pdf#files/
    17. https://digitallibrary.un.org/record/704836?v=pdf/
    18. https: //digitallibrary.un.org/record/3870751/
    19. https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_70_1_E.pdf/
    20. https://www.ifrc.org/document/world-disasters-report-2022/
    21. https: // www. ifrc. org/ en/ what-we-do/ disaster-management/about-disasters/definition-of-hazard/
    22. https://digitallibrary.un.org/record/3856957/
    23. https: //www.ejiltalk.org/thelegal-duty-to-cooperate-amid-covid-19-a-missed-opportunity.
    24. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/261/15/PDF/G1926115.pdf?OpenElement, 3 September (2019), para. 26. (CCPR/C/GC/R. 36).
    25. https://reliefweb.int/report/world/sphere-handbook-humanitarian-charter-and-minimum-standards-humanitarian-response-2018.
    26. https://www.icrc.org/en/doc/assets/files/other/icrc-241_0368-summary-geneva-conventions-fas.pdf/
    27. https://www.gfdrr.org/sites/default/files/publication/WB_Tonga_Framework_Report_FA02-M.pdf/
    28. https://ndri.ac.ir/uploads/NDML-Docs/Post-Disaster-Reconstruction-and-Rehabilitation-National-Plan.pdf/
    29. https://www.ifrc.org/sites/default/files/Final_-Literature-Review-on-Law-and-Recovery.pdf/
    30. https://www.undrr.org/media/86717/download?startDownload=true/
    31. https://digitallibrary.un.org/record/425041/
    32. https://www.ohchr.org/sites/default/files/crc.pdf/
    33. https://www.ohchr.org/en/documents/thematic-reports/ahrc4935-human-rights-implications-lack-affordable-timely-equitable-and/
    34. http://dx.doi.org/10.1136/ bmjopen-2018-024870 ncbi.nlm.nih.gov/pubmed/30975671/
    35. https://webarchive.oecd.org/2020-04-09/550461-DAC-Joint-Statement-COVID-19.
    36. https://www.un.org/pga/74/2020/04/15/international-cooperation-to-ensure-global-access-to-medicines-

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