INVESTIGATING THE LEGAL AND JURISPRUDENTIAL BASICS AND MANDATES OF PERSONAL AND PUBLIC HEALTHCARE NON-OBSERVATION WITH AN EMPHASIS ON THE NEWLY EMERGING CONTAGIOUS DISEASES

Abstract

All the society members are obliged to exercise care in treating one another, and they should observe personal and public healthcare practices at the time of the outbreak of the contagious disease so that they cannot be transferred to others. The study is descriptive-analytical research done through the use of library documents for investigating the jurisprudential and legal verdicts about the non-observation of the healthcare practices in the face of the newly emerging diseases as well as the legal mandates that can be applied for holding liable a person who causes the transferring of the diseases to others by not observing the healthcare practices. The non-observance of the personal and public healthcare practices during the outbreaks of the newly emerging diseases is forbidden based on such jurisprudential regulations as “the necessity of repelling contingent losses,” “necessity of lives’ protection,” and “denial of loss.” Moreover, the person who transfers the newly emerging contagious diseases should be held liable based on such rules as “necessity of repelling loss,” “necessity of lives’ protection,” “prevention of wastage,” “causation liabilities,” “veneration of human beings and other animals’ lives,” “denial of loss,” “commitment to safety” and “commitment to the exercising of due common care.” Although the person transferring the disease cannot be retaliated even in case of the receiving person’s death for such a reason as the absence of such conditions as complicity and action’s lethality dominance, these conditions have been subjected to more criticism herein. Based on the enquiries from the great exegetes, the transferring of Corona Virus to another person for such a reason as the non-observance of healthcare standards brings about liability, and the person should make compensations in case s/he is found not observing the healthcare regulations.