Volume 11, Issue 4 (8-2024)
J Environ Health Eng 2024, 11(4): 406-421 |
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Abid M, Armand N, Ejtehadi M, Pourjafar A. The Government's Civil Liability for Public Health and Citizens' Well-being (Case Study: Dust Storms in Khuzestan Province). J Environ Health Eng 2024; 11 (4) :406-421
URL: http://jehe.abzums.ac.ir/article-1-1025-en.html
URL: http://jehe.abzums.ac.ir/article-1-1025-en.html
Department of Law and Jurisprudence, Research Institute for Humanities and Cultural Studies, Organization for the Study and Compilation of Humanities Books (SAMT), Tehran, Iran
Abstract: (628 Views)
Background: Dust storms in Khuzestan province and the threat they pose to the health of citizens have raised the issue of the government's civil liability in our legal system. Various grounds for holding the government accountable are discussed, including fault and causation. The aim of this paper is to introduce the theory of attribution as a basis for the government's liability in this regard.
Materials and Methods: The research method in this article is descriptive-analytical, based on the analysis of legal and jurisprudential regulations.
Results: Scientific research has shown that dust pollution, in addition to posing public health risks, leads to diseases such as sinusitis, bronchitis, asthma, allergies, and causes depression. The findings indicate that the theories proposed in the foundations of civil liability in Imami jurisprudence (destruction, causation) and statutory law (the Constitution, Civil Liability Law), the rule of causation, and the fault theory in the legal system, can well serve as the basis for the government's civil liability for damages caused by dust storms in Khuzestan province.
Conclusion: The government can reduce damages related to dust storms through proper pre-incident management, such as managing critical dust storm hotspots, enhancing vegetation cover, applying mulch to dust storm-prone areas, utilizing water resources effectively, education, and post-incident crisis management. Therefore, the government bears civil liability, as the Constitution obligates it to ensure public health and safety. If no responsibility is imposed on the government, public health and citizens' well-being will be at risk, leading to adverse consequences.
Materials and Methods: The research method in this article is descriptive-analytical, based on the analysis of legal and jurisprudential regulations.
Results: Scientific research has shown that dust pollution, in addition to posing public health risks, leads to diseases such as sinusitis, bronchitis, asthma, allergies, and causes depression. The findings indicate that the theories proposed in the foundations of civil liability in Imami jurisprudence (destruction, causation) and statutory law (the Constitution, Civil Liability Law), the rule of causation, and the fault theory in the legal system, can well serve as the basis for the government's civil liability for damages caused by dust storms in Khuzestan province.
Conclusion: The government can reduce damages related to dust storms through proper pre-incident management, such as managing critical dust storm hotspots, enhancing vegetation cover, applying mulch to dust storm-prone areas, utilizing water resources effectively, education, and post-incident crisis management. Therefore, the government bears civil liability, as the Constitution obligates it to ensure public health and safety. If no responsibility is imposed on the government, public health and citizens' well-being will be at risk, leading to adverse consequences.
Type of Study: Research |
Subject:
Special
Received: 2024/01/28 | Accepted: 2024/10/7 | Published: 2024/11/13
Received: 2024/01/28 | Accepted: 2024/10/7 | Published: 2024/11/13
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