Civil Responsibility Standards in Containing and Treating Persons Afflicted with The Emerging COVID-19

Main Article Content

Sadkhan Madhloom Bahedh ALabid

Abstract

Context: The value of legal research is reflected in its ability to find descriptions and solutions to facts that emerge in life in order to put existing legal texts, judicial understanding, and jurisprudence up against a real challenge: determining the extent of the ability to control the provisions of those facts in a way that preserves the philosophy of the legal system originally founded on man's interest embodied in his civil rights. The most important is the right to life and its consequences. Today's topic is COVID-19 and the widespread threat it poses, which has increased the number of people infected in many countries and demonstrated, at least for the time being, the inability of health and biological institutions to treat and even control it. For the reasons stated above, discussing the civil responsibility criteria distributed among medical and health policy-based staff, as well as between the same patients and their families, is a necessary and even inevitable matter in legal studies, because legal jurisprudence falls on its shoulders to determine the legal dimensions of this virus and the problems it emerges worthy of legal and judicial consideration within the scope of Any litigation related to the publication.                                                                                    


 


Methods The importance of the research comes from its direct impact on modifying the legal conditions surrounding the right to life, as well as the governmental health institution's consequent responsibility to supply what is necessary to carry out its responsibilities relating to that right a disease-causing virus


As a result, the criteria for that medical failure and the exclusion of civil liability within its scope were determined by civil provisions related to it, such as personal compensation for the patient if he survived, or compensation for his family for material and moral damages, depending on the establishment of one of the civil liability criteria that we seek to study and clarify within the framework of this research.


 


Findings: The researcher had to depend on his own funds to cover the costs of collecting statistical data and field visits to isolation facilities in order to obtain a better understanding of the practical aspects of dealing with COVID-19 infected patients. Expenses associated with moving to the governorates of Al-Basrh and Maysan in southern Iraq in order to compare data and compute statistical differences between the governorates of Thi-Qar, Basra, and Maysan.  


 


Conclusions: The study intends to achieve the following objectives in this research



  • The balance between the virus's lack of biological control (for its phasic evolution) and the incapacity to define the patterns and standards of civil liability and the individuals who bear that responsibility as a result of that lack of biological control.                             

  • The lack of biological control (requires) limiting the topics of that virus to (its symptoms, effects, aggravation) in a way that allows the development of a legal system that serves as the regulatory guide for civil liability within the scope of this emerging virus and its effects, as well as any disease that falls within the virus's family or diseases with similar effects Health of the emerging COVID-19 .                                                                                                        

  • A declaration of the virus's side effects in terms of surpassing the extent of the right to personal private, particularly in terms of hiding the illness, as well as the implications of government measures aimed at preventing the sickness from infringing on individual and family privacy.

  • The balancing criterion between the supreme human trait of humans and raising that trait to the idea of making humans the subject of therapeutic and vaccine laboratory experiments, as well as distinguishing it from the subjects of volunteering to perform those tasks and the controls of its legal organization.                                                         

  • The extent to which the duty to vaccinate is incompatible with the right to life or individual choices in whether or not to take the vaccination, as well as the methods for establishing a standard weight that gathers the parties involved in a given control.             


The distinction between civil obligation to a goal (outcome) and civil commitment to a method (care) in the dimensions of infection with the emerging COVID 19 and its health consequences.                                                                                             

Article Details

How to Cite
ALabid, S. M. B. . (2022). Civil Responsibility Standards in Containing and Treating Persons Afflicted with The Emerging COVID-19. BiLD Law Journal, 7(2s), 315–330. Retrieved from https://bildbd.com/index.php/blj/article/view/317
Section
Articles