Blocking the borders in order to protect public health against the epidemic with emphasis on international law

Masoudifar, Hadi; Molaeifard, Mohsen

doi:10.22034/aeclr.2024.431353.1133

Blocking the borders in order to protect public health against the epidemic with emphasis on international law

Document Type : Original Article

Authors

Hadi Masoudifar

Mohsen Molaeifard

Assistant Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran

10.22034/aeclr.2024.431353.1133

Abstract

Blocking borders in times of emergency has been associated with conflicting interpretations and approaches, so that its interpretation as a governance-oriented issue is intertwined with criteria such as national security. However, it is necessary to adapt the issue of border movement restrictions to the special situations of immigrants, refugees and asylum seekers in the realm of international law, and to answer the question: Can these restrictions be synonymous with violating human fundamental rights? be considered Therefore, in this research, which is based on a descriptive-analytical method, it was firstly determined that preventing the access of refugees by blocking the borders is a clear violation of Articles 9 and 33 of the Geneva Convention, and governments cannot impose restrictions on their movement. especially that the situation of refugees or asylum seekers is different from ordinary people. Based on the method of analogical reasoning, it was determined: national security cannot act as an element to justify the blocking of borders in widespread epidemics, because the needs of national security must be interpreted based on an objective and potential threat, and in practical terms, the threat against national security has also been raised. from a collective reaction.

Keywords

Blocking borders

national security

asylum seekers

Covid-19

Geneva Convention

Subjects