Civil Liability of the State for abandoning people’s vaccination against Corona Virus (Comparative study: England’s law)

Articles in Press

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 responsibility in controlling and preventing the virus spread. The discovery of the vaccine and vaccinating measurements of some states in a timely and complete manner, which led to the control of virus and decrease of numbers of deceased, raised the important demand for the government's obligation to effectively keep an eye on the people’s vaccination and compensate for the material and spiritual losses caused by such default.

In this article, besides numerous legal documents, procedure to ascertain the causative relationship between the state’s civil responsibility and not vaccinating the people against Covid-19 have been examined as a default of state’s responsibility.

Studying the rules and features of civil responsibility in Iranian and British law, it is concluded that, in a general sense and considering the exclusive capabilities and authorities allocated to the states through the constitution and other laws, for the purpose of protecting citizens' health, state has civil responsibility for the people’s damages in this respect.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 05 December 2023

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History

  • Receive Date: 28 April 2022
  • Revise Date: 24 October 2023
  • Accept Date: 05 December 2023

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