The role of public law in protecting society from pandemic coronavirus

It is well-known that the public law is made up of five main branches, that is to say, the constitutional law, the criminal law, the administrative law, the public international law and the financial law comprising financial legislations and income-tax laws. In this article we can briefly display the role of the branches of the public law in protecting society from pandemic coronavirus COVID-19 as follows:

1-The constitutional law: The constitution of 2005 has included may texts and articles, which can be used to reinforce the protection of the society from this pandemic. For example, the article (31) gives the every citizen the right to receive health care from the state, which is obliged or committed to provide these health services, as well as maintaining public health and providing the means of prevention and treatment by building different types of hospitals and health institutions. This article provides that (Every citizen has the right to health care. The State shall maintain public health and provide the means of prevention and treatment by building different types of hospitals and health institutions). As far as social and health security is concerned, the state should ensure or guarantee social and health security to all the citizens, to maintain social solidarity, and optimal level of health against diseases, infections and all kinds of pollution. In conformity with the first section of the article (30) of the constitution, which provides that (The State shall guarantee to the individual and the family - especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing). Furthermore, the constitution ensures or guarantees the human right of every individual to live in a safe environment, in accordance with the first section of the article (33) which provides that (Every individual has the right to live in safe environmental conditions). the second section of this article requires that the state undertake the protection and preservation of the environment and its biological diversity. And provides that (The State shall undertake the protection and preservation of the environment and its biological diversity). In the light of this text, the legislator enacted protection and improvement environment law No.27 of 2009. The first article of which adopted this aim of protecting and improving the environment, by eliminating and treating the damage inflicting the environment, as well as preserving public health and biodiversity. It provides that (The law aims at protecting and improving the environment through elimination and treatment of existing damages or damages likely to be caused. It also aims at preserving public health, natural resources, biodiversity as well as natural and cultural heritage, in coordination with the relevant authorities in a manner that ensures sustainable development through International and Regional cooperation in this regard).

2- The criminal law: the penal law No.111 of 1969 incriminates everyone participating willfully in disseminating or spreading a life-threatening dangerous disease, which endangers the lives of others, with three years imprisonment. In conformity with the article (368) which provides that (Any person who willfully commits an act which spreads a dangerous, disease that endangers the lives of others is punishable by a period of detention not exceeding 3 years. If the offence results in the death of others or permanent disability the offender will, according to the circumstances, be punishable by the penalty prescribed for the offence of assault leading to death or that of permanent disabling). The punishment will be reduced, if the person participated accidently in spreading the disease, according to the article (369) which provides that (Any person who accidentally causes the spread of a dangerous disease that endangers the lives of others is punishable by a period of detention not exceeding one year).

3-The administrative law: as a general rule, The constitution maintains the freedom of movement and travel, in conformity with the first section of the article (44), which provides that (Each Iraqi has freedom of movement, travel, and residence inside and outside Iraq). And any restriction of the rights and liberties provided for in the constitution prohibited, except when the emergency state entails this restriction. In which case, it should be based upon the legislation. And provided that the restriction does not violate the essence of the right or freedom, according to the article (46) of the constitution, which provides that (Restricting or limiting the practice of any of the rights or liberties stipulated in this Constitution is prohibited, except by a law or on the basis of a law, and insofar as that limitation or restriction does not violate the essence of the right or freedom). In the light of this constitutional text administrative control or discipline authorities are entrusted with far-flung powers to impose the public curfew, or even the temporary emergency state in order to maintain public health. The emergency state is regulated by the first article of the national integrity law No.1 of 2004, which provides that (The prime minister may, after the acceptance of the presidential organ by consensus, declare the state of emergency in any region when the people are encountered with an imminent gross danger, threatening the life of individuals……). Although this legal text has been formulated to meet the state of violence, but it can be applied by analogy to protect the people from other wide-spread dangers, such as coronavirus COVID-19 .

4- The financial law and financial legislations: The state can regulate taxes by enacting income-tax and land-tax laws, which are based upon the first section of the article (28) of the constitution, stipulating that (No taxes or fees shall be levied, amended, collected, or exempted, except by law). It is worth-noting that the income-tax law can play a considerable role in exempting poor people and Low income earners from taxes during the period pandemic coronavirus COVID-19 proliferation, in conformity with second section of the article (28) of the constitution, which provides that (Low income earners shall be exempted from taxes in a way that guarantees the preservation of the minimum income required for living. This shall be regulated by law) this is from the one hand. On the other hand the income-tax law can attenuate or alleviate the amount of taxes, particularly land taxes, in order to enable landlords and lessors to reduce optionally the rent of lands occupied by Low income earners.

5-The public international law: finally the public international law can also play a considerable role in protecting society from pandemic coronavirus COVID-19. This may be achieved by two methods: first the treaties, and second the international liability. As far as the treaties are concerned, the state can conclude new treaties and conventions to make use of the experience of other states in the field of resist the proliferation of this pandemic, or at least they can amend the previously-concluded treaties and conventions to obtain this expertise. For example, the Iraqi-Chinese convention can be amended to include new terms and items, in the field of medical cooperation, to benefit from the Chinese expertise in the field of treating this pandemic. In the extent of international liability, the state can obtain a lot of damages and compensations from other states, if they committed the act of disseminating the pandemic coronavirus COVID-19 and its harmful effects and consequences in its territories.