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The Position of International Health Law in Disasters with an Emphasis on the Optimal Standards of Territorial Governance
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Mahsa Khajeh1    , Masoud Raei Dehaghi *1 , Ali Reza Ansari Mahyari1 |
| 1- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. |
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Abstract: (185 Views) |
Background and Aim: In the aftermath of disasters that have severe detrimental effects on human health and the environment, the strategies for disaster response and the role of government in safeguarding the right to health become critical issues. It is the responsibility of every government to exert all possible efforts to prevent harm and mitigate risks associated with disasters. This objective can only be achieved through the implementation of appropriate measures by the affected state, as well as by other stakeholders and assisting nations. This concern is also highlighted in the 2016 draft by the International Law Commission regarding the protection of persons in the event of disasters. Consequently, for a state to perform effectively in times of disaster, it must adhere to a set of principles and regulations that protect the rights of affected individuals, particularly the right to health. This paper will employ an analytical-descriptive approach to elucidate how the right to health of affected individuals can be supported through indicators of good governance. The findings of this research suggest that the obligation for cooperation among countries during crises, as a criterion of good governance, can serve as a viable solution for disaster management and the enhancement of human rights, especially the right to health for those impacted.
Methods: This article is composed using a descriptive-analytical approach. The data collection method employed is library-based, involving the examination of documents, books and articles.
Ethical Considerations: In the present study, the ethical aspects of library research have been addressed, encompassing the authenticity of texts, integrity and the principles of trustworthiness.
Results: The findings of this research indicate that the obligation for cooperation among states during times of crisis, as recognized by the commission, serves as a criterion for effective governance. This obligation can be viewed as a potential solution for addressing disasters and ensuring the protection of human rights, particularly the right to health for affected individuals.
Conclusion: The responsibilities of states before, during and after the occurrence of disasters encompass a range of actions aimed at preventing, halting and compensating for both domestic and transnational damages. These obligations are interconnected commitments of a state, which, when executed effectively and in a timely manner, alongside the cooperation of other international legal entities, can lead to the ultimate goal of preserving and protecting human dignity within the framework of good governance. |
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| Keywords: The Right to Health, Optimal Governance, Commitment to Cooperation, Protection of Affected Persons, Disasters |
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Full-Text [PDF 521 kb]
(131 Downloads)
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Type of Study: Original Article |
Received: 2024/04/7 | Accepted: 2024/08/20 | Published: 2024/11/18
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