نوع مقاله : مقاله پژوهشی
دانشیار گروه حقوق عمومی- -دانش آموخته بهشتی، دانشگاه پیام نور، تهران، ایران
عنوان مقاله [English]
From a legal point of view, freedom is the primary principle and any restrictions are exceptions. One of the most recent examples of human rights restrictions has been the coronavirus, which has affected the right to health and many aspects of human life. Since health is conceptualized in the right, its application by the righteous is subject to self-determination, respect, free will, and self-fulfillment. The result of such an approach is that in case of illness, the person has full authority in the treatment and receipt of medical interventions and any treatment should be done with his conscious consent. The main purpose of the article, with a descriptive-analytical approach, is to examine the challenge of whether a patient has the right to receive voluntary treatment for an infectious and contagious disease such as coronavirus. The results show that in normal conditions and non-contagious diseases, due to the characteristic of the right institution, the right to receive medical interventions is completely optional and subject to the free will of the patient, but in emergency situations, impaired willpower and contagious diseases such as Covid-19, the patient's conscious satisfaction is limited to these conditions and the protection of public health.