Abstract
The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.
TopIntroduction
Covid-19 is the cause of a contagious disease of external origin divided into infectious and lethal diseases. For this reason, strict quarantine and preventive measures were taken in different countries to prevent the entry of the disease carrier and its spread. Iran is one of the countries that became widely affected by this disease. The arrival of this virus in Iran was revealed in early March 2017, and with its widespread and infecting a large number of people, it caused great damage in terms of life, financial and economic. This situation has led to several actions by the government. Actions that can be legally investigated in terms of why and how. There is no doubt about the reason for these actions; Because they have their roots in the constitution, ordinary laws, and international documents. From the constitutional point of view, the traces of public health can be followed in principles 43, 30, 29, 21. Article 29 of the Constitution makes it the duty of the government to ensure equitable access to health services. Also, in Article 43 and paragraph 12 of Article 3 of the said law, the provision of basic needs for housing, food, clothing, health, treatment, and education, removing any restrictions in nutrition, housing, work, and health are emphasized(Ando et al., 2020).
Regarding ordinary laws, it can be mentioned that the law “How to prevent sexually transmitted diseases and infectious diseases” was approved on 1 June 1941, according to which the Ministry of Health, Treatment, and Medical Education is required to implement plans to combat infectious diseases. Article 113 of the Charter of Civil Rights also emphasizes the right to a healthy and germ-free living environment. The rules of the World Health Organization are also among the international documents whose final version was approved in 2005 and communicated to all member states for implementation from 2007. The purpose of these regulations is “to prevent, protect, control, and facilitate the public health response to the international spread of disease in a manner that is proportionate and limited to the risk of public health and to avoid patient interference in travel and international trade.” The scope of these regulations is not limited to a specific disease or specific method of transmission but also includes any illness or medical condition (regardless of its source or origin) that could potentially or cause significant harm to humans. According to the law of permission of the Iranian government, Iran has become a member of this organization to join the World Health Organization approved in 1948 and has committed to implement its regulations. Also, the International Covenant on Economic, Social, and Cultural Rights is one of the international treaties that Iran acceded to in 1975, and in this pact, the requirements and obligations of member states regarding health are stated in more detail. Article 12 states that the States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Regardless of why these measures were taken, how the government operated became the source of numerous legal issues. This practice led to the approval of some directives and sections and the creation of special organizations. In other words, regarding the various dimensions of the phenomenon, such as the manner of temporary closure or change of the mode of operation of commercial, educational, administrative, political, and judicial centers, the existing regulations were not effective enough and were incomplete. Coronas (on human, institutional, and trade union activities) and directives were issued by the executive branch (including on the operation of trade union offices and centers) and the judiciary (on the administration of prisons and courts), and the legislature to exercise legislative responsibility. Encountered a health barrier. It should be noted that the first measures were initially taken by the government and the Ministry of Health. Shortly afterward, however, the Supreme National Security Council stepped in, and with the formation of a special staff called the “National Headquarters for Corona Disease,” responsibility for all matters related to the disease was placed on this headquarters(Raoofi et al., 2020).
Key Terms in this Chapter
Imaging Test: Typical visible features on CT initially include bilateral multilobar ground-glass opacities with a peripheral or posterior distribution. COVID-19 can be identified with higher precision using CT than with RT-PCR. Subpleural dominance, crazy paving, and consolidation may develop as the disease evolves. Chest CT scans and chest x-rays are not recommended for diagnosing COVID-19. Radiologic findings in COVID-19 lack specificity.
Personal Protective Equipment (PPE): Personal protective equipment is protective clothing, or as sometimes called EPI are helmets, goggles, or other garments or equipment designed to protect the wearer’s body from injury or infection. The hazards addressed by protective equipment include physical, electrical, heat, chemicals, biohazards, and airborne particulate matter.
Sniff Tests: Sudden loss of smell can be used to screen people daily for COVID-19. The National Institutes of Health study showed that those infected with SARS-CoV-2 could not smell a 25% mixture of ethanol and water. Because various conditions can lead to the loss of smell, a sniff test would not be definitive but indicate the need for a PCR test. Because the loss of the sense of smell shows up before other symptoms, there has been a call for widespread sniff testing. Health care bureaucracies have generally ignored sniff tests even though they are quick, easy, and capable of being self-administered daily. This has led some medical journals to write editorials supporting the adoption of sniff testing.
Rapid Diagnostic Test (RDT): RDTs typically use a small, portable, positive/negative lateral flow assay that can be executed at the point of care. RDTs may process blood samples, saliva samples, or nasal swab fluids. RDTs produce colored lines to indicate positive or negative results.
Antibody Tests: The body responds to viral infection by producing antibodies that help neutralize the virus. Blood tests (also called serology tests or serology immunoassays) can detect the presence of such antibodies. Antibody tests can be used to assess what fraction of a population has once been infected, which can then be used to calculate the disease’s mortality rate. They can also be used to determine how much antibody is contained in a unit of convalescent plasma for COVID-19 treatment or to verify if a given vaccine generates an adequate immune response.
Polymerase Chain Reaction (PCR): Polymerase chain reaction (PCR) is a process that amplifies (replicates) a small, well-defined segment of DNA many hundreds of thousands of times, creating enough of it for analysis. Test samples are treated with certain chemicals that allow DNA to be extracted. Reverse transcription converts RNA into DNA. Reverse transcription-polymerase chain reaction (RT-PCR) first uses reverse transcription to obtain DNA, followed by PCR to amplify that DNA, creating enough to be analyzed. RT-PCR can thereby detect SARS-CoV-2, which contains the only RNA. The RT-PCR process generally requires a few hours. These tests are also referred to as molecular or genetic assays.
Antigen Tests: An antigen is the part of a pathogen that elicits an immune response. Antigen tests look for antigen proteins from the viral surface. In the case of a coronavirus, these are usually proteins from the surface spikes. SARS-CoV-2 antigens can be detected before the onset of COVID-19 symptoms (as soon as SARS-CoV-2 virus particles) with more rapid test results but with less sensitivity than PCR tests for the virus.
COVID-19 Vaccines: A COVID-19 vaccine is a vaccine intended to provide acquired immunity against severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19). Before the COVID-19 pandemic, an established body of knowledge existed about the structure and function of coronaviruses causing diseases like severe acute respiratory syndrome (SARS) and the Middle East respiratory syndrome (MERS). This knowledge accelerated the development of various vaccine technologies in early 2020. On 10 January 2020, the SARS-CoV-2 genetic sequence data was shared through GISAID, and by 19 March, the global pharmaceutical industry announced a major commitment to addressing COVID-19. The COVID-19 vaccines are widely credited for their role in reducing the spread, severity, and death caused by COVID-19.