مدى قانونية الإجراءات المتخذة للحفاظ على الصحة العامة و تأثيرها في حقوق الإنسان : تجربة المملكة العربية السعودية في التعامل مع جائحة كورونا

Abstract EN

Despite the efforts made to unify the legal framework for the protection of human rights, especially those affected by the imposition of some precautionary measures to limit the spread of the Coronavirus, many of these procedures have a direct impact on individual rights, as some of these rights are at risk in light of some precautionary measures, such as quarantine and curfews, which called for the necessity to study and discuss their legal evidence and legal support within the scope of international law and the Saudi system.The research aims to analyze the mechanism of the state in dealing with public health threats, in a manner consistent with the basic principles of human rights.

Since most international and domestic legal systems allow the restriction of some personal rights and freedoms under some public emergencies that may threaten society, the state can impose some restrictions on individual human rights to maintain public health, which confirms the hypothesis that human rights are not absolute, as they can be restricted depending on specific circumstances, including emergency conditions.

The research provides a comprehensive analysis of the theory of emergency conditions and identifies the most important conditions through which this theory can be applied, which gives the state the right to impose precautionary measures, without violating individual rights and freedoms, or with justified violations to maintain public health and security.

The research concludes that international laws and Saudi regulations agree on the importance of the right to public health, as well as the need to restrict certain individual rights and freedoms to ensure the safety and security of society.

Due to the seriousness of the violation of individual rights and freedoms, the researcher suggests adopting the principle of risk assessment and management, which aims to prevent future harm to the individual and society.