Formulation of the Public Health Emergency Law; Necessity assessment, criteria and criteria

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Document Type : Original Article

Authors

1 Legal expert of the presidential legal assistant

2 Faculty member of the University of Judicial Sciences

Abstract

"The right to health" is considered one of the fundamental rights of citizenship and the basic pillars in the international human rights system, which among its threatening factors is the spread of infectious diseases that can lead to the creation of a public health emergency; A situation that causes public health risk for people and requires taking special measures to manage and control it. Considering the epidemic of the corona virus as the most important example of epidemic diseases at present, this research, using the library method and descriptive-analytical approach, sought to answer the question that what are the necessity, rules and criteria for the formulation of the public health emergency law? The findings show that first; Although the current legal system of Iran has considered the capacities to realize the aforementioned cases, but considering the specific requirements of the public health emergency, the adoption of a comprehensive and independent law in this area is considered useful and of course necessary. Secondly; Cases such as "Prediction of the central decision-making headquarters", "Information, transparency and accountability in dealing with epidemic diseases", "Recognition of responsibility for the government and citizens", "Establishing necessary restrictions regarding public health" and "Criminalizing behaviors that threaten the health of citizens" They can be identified as the most important rules and criteria governing the public health emergency law.

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