Document Type : Original Article

Highlights

The right to health and health is one of the important human rights included in the second generation of human rights, and its guarantee is of double importance in the situation of crises and infectious diseases. Governments' obligations towards the promotion of the right to health, like any other human right, have three dimensions: the obligation to respect, the obligation to support, and the obligation to support, which according to this obligation, the rights of individuals are respected, and governments must try to prevent health threats. minimize and take necessary measures to protect people's right to health against the interference of third parties.

In domestic law, the corona crisis has brought many challenges and issues to the political, economic and legal system. Regardless of the political, economic and moral consequences of this disease, from a legal point of view, especially public law, a range of issues can be investigated. From the actions of some governments, such as Spain, in declaring a state of emergency and their impact on the rights and freedoms of citizens in the fundamental rights, to the establishment and competence of special headquarters and working groups, such as the national headquarters to deal with Kroma, in administrative law and developments. In labor and employer relations

Therefore, identifying the functions of the government in the prevention, management and treatment of the covid disease in terms of fundamental rights and administrative rights is worth considering. The appearance of this disease caused the creation of new legal structures in most of the legal systems, and sometimes it has affected the status of rights and freedoms of individuals, and in this sense, it can be pondered and investigated. With the emergence of the covid disease in Iran's constitutional and administrative law system, challenges were raised and new issues arose, which are important to examine in terms of administrative law. The main question that this research seeks to answer is to examine the functions of the government in domestic and international law in the event of an epidemic.

The preparation and management of emergency situations should be based on the constitution, since the declaration of a state of emergency and the implementation of restrictions are usually accompanied by the limitation of fundamental rights and freedoms, therefore, provisions for this should be made in the constitution itself. to be Otherwise, political systems can easily endanger the guarantees stipulated in the constitution by taking advantage of the state of emergency. Article 79 of the constitution specifically deals with the management of emergency situations. According to this principle, "imposing martial law is prohibited. In the state of war and emergency situations like that, the government has the right to temporarily establish necessary restrictions with the approval of the Islamic Council, but the duration cannot be more than thirty days, and if the necessity still remains, the government is obliged get permission from the parliament again.

It is necessary for people to benefit objectively from welfare rights in the field of health and health, that in the beginning, a specific row in the budget of the whole country is allocated for this purpose, so that the necessary measures are carried out according to this row. In other words, considering that the most important action after recognizing a right in the internal documents is its implementation, if no special line is provided for this purpose in the budget documents and relevant laws, the implementation of that right is practically stopped and the recognition It also becomes ineffective. Therefore, it is necessary for the normal laws in the relevant valid documents based on their welfare policies and programs to always allocate a budget line for this purpose, so that at the appropriate time, the occurrence of an emergency such as a public health emergency, the necessary measures can be taken from This channel is based on this row.

With the entry into force of the founding treaty, the World Health Organization, within the framework of its limited budget, determined topics of primary concern and included some infectious diseases among them. International health regulations for smallpox, typhus, cholera, as well as for the control of yellow fever, relapsing fever and plague, and determining the necessary measures at ports, airports and borders used for international transportation against these diseases, which are considered quarantine diseases. are classified, approved. Typhus and typhus were excluded in 1969, smallpox in 1981, leaving only three diseases under international control under the Act before the 2005 regulation.

In 1958, on its 10th anniversary, the summit, when the United States stated that the organization should be a center to direct research and leave its implementation to countries, established an advisory committee on medical research and a voluntary fund for it. The rapid accession of newly independent countries in the 1960s and the health crisis that arose during the internal conflicts in the Congo led the organization to focus more on national health planning.

In 1994, the World Health Organization established the Unit for Surveillance and Control of Emerging Infectious Diseases and Other Infectious Diseases to improve the capacity to fight pandemics and establish national surveillance systems. It also prepared a strategic plan in 1996, and in 1997 it was decided to establish a global outbreak warning and response network.

In 1996, a group of Canadian public health officials, based on their experience with an outbreak in India, initiated a study of federal departments in Canada. They participated in a competition to influence the increasing use of the Internet and established the first global network of public health information. Its purpose was early detection of disease outbreaks using news sources on the Internet. After the start, when they faced the problem of verifying the news, they agreed with the World Health Organization to do the verification work.

According to the World Health Organization, the main framework for fighting epidemics is set by the International Health Regulations in 2005. The situation before the update was to determine the controls to be carried out at the borders based on a list of a limited number of diseases. In 1951, the General Health Assembly of the World Health Organization, using its powers in Article 21, adopted the International Health Regulations, taking as a guide the agreements reached before it, which changed to the International Health Regulations in 1969. It was named but changed in 1973 and 1981 by carrying out minor amendments and by creating a monitoring mechanism aimed at sharing expanded international information for six diseases in the initial and three diseases in the final version.

• public Law