The Basis of the Civil Responsibility of the State for Epidemics and Health Disasters

Abstract

     This research sheds light on the extent of the civil state's responsibility for pandemics and health disasters, which have become a significant threat to human life as a whole. In fact, infectious diseases have always posed a great danger to humanity, both in the past and in modern times. They are not just historical events from bygone eras, but a hidden threat in various parts of the world, including those that currently threaten us. The world is constantly and increasingly exposed to different types and forms of infectious diseases, which have always been a real threat to human life due to the significant harm they cause to lives and wealth, as well as the immense social, economic, and psychological problems they give rise to, in addition to their negative impact on a country's resources and natural wealth. Civil responsibility, in general, is represented by the commitment to compensate for damages caused by an individual to others, and regarding the civil responsibility of the state, when the state acquires legal and moral status, it gains rights and assumes obligations, making it subject to the provisions of the law like any other natural persons. Although this idea was not acceptable until the late nineteenth century, as the prevailing general principle at that time dictated that the state was not liable, because it was inconceivable for the state, as the sovereign entity, to commit an error. This was due to the prevailing ideas at that time, which rejected the principle of state responsibility out of fear for the public treasury's interests and concerns about hindering the functioning of public facilities. However, with scientific progress and industrial and technological advancements witnessed by the world, and the multiplication and overlapping of state activities in various aspects of life and on different levels, many new cases of administrative responsibility of the state emerged, particularly in the field of protecting human rights and physical safety, ensuring compensation for victims and those affected without the need for an identified responsible individual. Therefore, determining the state's civil responsibility has become an urgent necessity, especially after traditional foundations have failed to compensate victims and those affected in some cases.