جائحةُ كورونا وأَثرُها على حقوقِ الإنسانِ في النِّظامِ السعودي: دراسةٌ تأصيليَّةٌ تطبيقيَّةٌ مقارنة بالقانون الدولي والشريعة الإسلامية

Abstract

The pandemic Covid-19 led some countries to take on some extreme measures like travel restrictions and quarantines. Such measures were thought to be violating human rights, and it became necessary to make the distinction on what is an absolute human right not to be limited and what is more lenient.
In this study, international human rights, Islamic law, and Saudi laws were analytically compared. Additionally, the efforts made by the Government to contain the consequences of the pandemic were presented. The following conclusions were found:
States holds the full right to eliminate and/or limits human rights for a declared period, and take all necessary actions in cases of crises, such as natural disaster, wars of pandemics. Additionally, the state is permitted to force laws that violate some human rights. However, the conditions set by the International Conventions were not violated. Furthermore, the research has shown that Islamic laws had a preconceived law in cases of pandemics to save and sustain lives. Moreover, it has been proven that health authorities are not to show any discrimination to the patients. Therefore, all shall receive the appropriate treatment with disregard of age, nationality, race, color…etc. Lastly, the impressive free health care provided by Saudi government is well noted. Saudi Arabia was able to contain the pandemic regardless of the high number of cases, resulting in a 92% recovery rate. However, the importance of a criminal-based research is due to the rise of infected patients disregarding cautionary guidelines and spreading the virus in public.