Proportionality : A Guiding Principle in Public Health Law, Ethics, and Policy

doi:10.1093/9780197759370.001.0001

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Contributor(s)

Biller-Andorno, Nikola (editor)

W. März, Julian (editor)

Mouton-Dorey, Corine (editor)

Dagron, Stéphanie (editor)

L. Adelson, Stewart (other)

Barnhill, Anne (other)

Bernstein, Justin (other)

Berro Pizzarossa, Lucía (other)

Camporesi, Silvia (other)

Capron, Alexander (other)

Yun Chan, Hui (other)

Chiumento, Anna (other)

Davidovitch, Nadav (other)

Draper, Heather (other)

Eichinger, Tobias (other)

Fovargue, Sara (other)

Frith, Lucy (other)

Ge, Yimin (other)

Gurash, Viktoriya (other)

Hlávka, Jakub (other)

Wai-Loon Ho, Calvin (other)

Holzer, Felicitas (other)

Hunger, Jonathan (other)

Hutler, Brian (other)

Jafflin, Kristen (other)

(Zeb) Jamrozik, Euzebiusz (other)

Jayaram, Athmeya (other)

Jones, Jeff (other)

Kamin-Friedman, Shelly (other)

Keller, Helen (other)

Kuhn, Eva (other)

López Barreda, Rodrigo (other)

M. Miller, Alice (other)

Molnár-Gábor, Fruzsina (other)

Nandagiri, Rashita (other)

Newton, Daniel (other)

A. Parsons, Jordan (other)

María Ortiz Alcántara, Ivette (other)

Peled Raz, Maya (other)

Reid, Graeme (other)

Redhead, Caroline (other)

N. Rieder, Travis (other)

Chloe Romanis, Elizabeth (other)

Schwind, Bettina (other)

Sefkow-Werner, Violetta (other)

Amir Singh, Jerome (other)

Spitale, Giovanni (other)

Valera, Luca (other)

Xu, Shengjia (other)

Language

English

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Abstract

This book explores the principle of proportionality in the context of public health crises, using the COVID-19 pandemic as a central case study. Proportionality serves as a key legal and ethical standard to balance public health interests with individual rights, such as autonomy and privacy. The COVID-19 pandemic presented unprecedented challenges, forcing rapid policy shifts and sparking debates over the necessity, effectiveness, and fairness of measures like lockdowns, vaccine mandates, and digital surveillance. The book brings together contributions from experts across law, ethics, and public health to analyze the proportionality of various pandemic response measures, their impact on vulnerable populations, and their scrutiny by courts. It also explores how digital tools and data use can align with proportionality standards. By providing a comprehensive analysis of proportionality in times of crisis, the book aims to enhance the resilience and effectiveness of health systems and guide the development of public health policies that are effective, equitable, and respectful of human rights.