المسئولية الإدارية عن اللقاحات الإجبارية المبتکرة | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 7, Volume 8, Issue 0, September 2022, Pages 1-107 PDF (1.23 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.258889 | ||
| Author | ||
| أشرف السعيد مبارک مهنا | ||
| مدرس القانون العام کلية الحقوق جامعة مدينة السادات | ||
| Abstract | ||
| Advances in modern medical sciences - especially in the field of vaccinations and compulsory vaccinations - have led to the need to prioritize the public interest over the private interest. It is not strange to anyone about the importance of vaccinations and their role in preventing diseases and epidemics and maintaining public health as one of the elements of public order. There is no doubt that the spread of many viruses and diseases in the modern era requires dealing with their legal and regulatory aspects. This study focuses on clarifying the nature and types of these vaccines, the extent of their obligation towards individuals, and the legal guarantees for providing these vaccines in society. As well as the administrative responsibility resulting from the damages and risks arising from them, especially in light of the anticipation of the recent compulsory vaccinations against the Corona virus “Covid-19” and the consequences thereof. Where this study is limited to two main sections: The first deals with medical and legal guarantees for the use of compulsory vaccines, as well as the compulsion of these vaccines and their connection to the idea of public order and the rights and freedoms of individuals. While we address in the second section the administrative responsibility for the damages of innovative compulsory vaccines, in terms of their development, limits, foundation and pillars, as well as identifying the appropriate mechanism to compensate for the damage resulting from compulsory vaccination operations. There is no doubt that the development of the medical field in all its branches necessitated a kind of adapting the rules of traditional administrative responsibility. There is no doubt that the development of the medical field in all its branches necessitated a kind of adaptation of the rules of traditional administrative responsibility towards the implementation of administrative responsibility without error, then the possibility of recourse to determine the responsibility of the state on the basis of achieving the conditions of objective responsibility, In order to keep pace with and treat the damages of this medical progress on the human body, especially in the field of innovative compulsory vaccines, in addition to the necessity of providing these vaccines to individuals with a set of medical and legal guarantees. key words: Compulsory vaccinations - elective vaccinations - guarantees for the use of vaccines - rights and freedoms of individuals - the disadvantages of compulsory vaccination - the adaptation of administrative responsibility. | ||
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