Public Health Emergencies, Pandemics and Human Rights

Can we rob individuals of their rights just because they are sick? Or when we suspect them to be sick? To what extent - if at all - the rights of an individual can be compromised to improve or protect public health? In this chapter we discuss such fundamental questions in the context of Public Health Emergencies of International Concern. For centuries, governments have implemented policies to curb the spread of infectious diseases and to reduce related infections, illness and death. However, these measures have often infringed on the rights of individuals. For example, isolation of infected individuals, quarantining those suspected of infection, prohibiting public/social gatherings, and restricting visitors to private homes are at odds with people’s right to freedom in public and private spheres, and their right to mobility. Other measures, such as mandatory testing and mandatory vaccination may challenge individual bodily integrity and autonomy. These interventions are subject to scrutiny, especially when one considers the difficulties in attributing fault to individuals for becoming infected. This raises critical questions: How dangerous must an infection be to justify imposing such measures? And what criteria should guide decisions on the implementation of interventions? These issues will be explored in this chapter.