Treaty Legal Research

Treaty Legal Research

Confrontation the right to health with other urban rights, emphasizing the municipality's duty to "prevent the spread of human diseases

Document Type : Original Article

Author
esmail honary
teacher
Abstract
Abstract
The right to public health is one of the most important rights of urban dwellers, which is apply by municipalities and city managers. Coping with contagious diseases, which are examples of this right, is accompanied by measures such as compulsory quarantine, restrictions on traffic, business and mosquitoes, and compulsory treatment in cities. These actions are in conflict with other urban rights, such as the right to freedom of movement, privacy, and so on. Depending on the different models of governance that govern their performance, municipalities address this conflict of urban rights by taking different measures. With the emergence of corona disease in 2020, the issue of imposing urban restrictions and violating the principles of citizenship rights in cities with the spread of the disease has led to the emergence of theories on how to exercise public health rights in cities, considering the lack of accountability for models derived from the model. Became democracies. In this study, an attempt has been made to examine the duty of municipalities in dealing with infectious diseases and their adoption measures, to answer these questions: What is the conflict between the right to urban health and other urban rights? And secondly, with what solutions can these conflicts be resolved, and on what basis are the explanatory approaches of these solutions based?
The right to public health is one of the most important rights of urban dwellers, which is exercised by municipalities and city managers. Coping with contagious diseases, which are examples of this right, is accompanied by measures such as compulsory quarantine, restrictions on traffic, business and mosquitoes, and compulsory treatment in cities. These actions are in conflict with other urban rights, such as the right to freedom of movement, privacy, and so on. Depending on the different models of governance that govern their performance, municipalities address this conflict of urban rights by taking different measures. With the emergence of corona disease in 2020, the issue of imposing urban restrictions and violating the principles of citizenship rights in cities with the spread of the disease has led to the emergence of theories on how to exercise public health rights in cities, considering the lack of accountability for models derived from the model. Became democracies. In this study, an attempt has been made to examine the duty of municipalities in dealing with infectious diseases and their adoption measures, to answer these questions: What is the conflict between the right to urban health and other urban rights? And secondly, with what solutions can these conflicts be resolved, and on what basis are the explanatory approaches of these solutions based?
Keywords
Right to Health
Restriction of Freedom
Quarantine
Urban Law

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Treaty Legal Research
Volume 2, winter - Serial Number 5
Summer 2019
Pages 109-142

  • Receive Date 12 April 2020
  • Revise Date 24 April 2020
  • Accept Date 25 April 2020