Proportionality: A Guiding Principle in Public Health Law, Ethics, and Policy By Nikola Biller-Andorno, Julian März, Corine Mouton-Dorey, Stéphanie Dagron
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- 371
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- Law
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About this ebook
The book Proportionality: A Guiding Principle in Public Health Law, Ethics, and Policy, edited by Nikola Biller-Andorno, Julian W. März, Corine Mouton-Dorey, and Stéphanie Dagron, provides a comprehensive global analysis of balancing public health interventions against individual liberties. Using the COVID-19 pandemic as a central framework, it maps how legal, ethical, and political frameworks address state restrictions during severe crises. [1, 2]
The specific topics and chapter themes covered in the volume include:
Theoretical Frameworks & Crisis Decision-Making
- Uncertainty in Mandates: Evaluating state-level physical distancing policies passed under highly uncertain epidemiological data.
- Resource Allocation: Ethical guidelines surrounding healthcare resource distribution, specifically examined through case studies in Chile.
- Fear and the "State of Exception": A critical look at narrative approaches to public health ethics when fear alters baseline human rights tolerances.
- Public Perceptions: Empirical research assessing how everyday citizens (such as Swiss residents) evaluate the morality of pandemic containment restrictions. [1]
- Evidentiary Thresholds: Analyzing the scientific evidence required to justify outdoor public restrictions, modeled by respiratory virus management in Australia.
- State Inaction: Applying the proportionality standard to structural state inaction and delayed pandemic responses, using Mexico's management as a case study.
Vulnerable Populations & Specific Healthcare Sectors
- Sexual and Gender Minorities: Evaluating the distinct impacts and proportionality of public health policies on marginalized youth.
- Pediatric Inpatient Care: Balancing infection control with children’s rights in long-stay pediatric wards within the United Kingdom.
- Migrant Workers: Examining liberty limitations placed on foreign laborers, such as Singapore's targeted travel constraints on migrant healthcare staff.
- Elderly & Long-Term Care: Assessing the severe social and physical toll of visitor bans behind closed doors in nursing homes across the US and Germany.
- Reproductive Rights: The restriction or expansion of abortion regulations during a crisis, including telemedicine adaptations and abortion exceptionalism in Great Britain.
Judicial Scrutiny, Privacy, and Digital Surveillance
- International Human Rights Courts: How supranational bodies, like the European Court of Human Rights, evaluate emergency state powers.
- Domestic Courts: Analysis of judicial pushback and approval of emergency decrees within national judiciaries, such as Swiss courts.
- Contact Tracing & Surveillance: The severe clash between state tracking mechanisms and the individual right to privacy, using Israel's surveillance architecture as an example.
- Epidemic Countermeasure Digitalization: Tech-driven enforcement mechanisms and digital health governance, focused on the Hong Kong Special Administrative Region.
- Data Protection in Research: Ensuring epidemiological data collection remains proportionate and secure under strict data privacy regulations.
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