协调公共卫生与个人自由:探讨近期和未来流行病期间健康权、隐私权和自主权的相互作用

IF 1.2 Q4 HEALTH POLICY & SERVICES International Journal of Human Rights in Healthcare Pub Date : 2024-05-02 DOI:10.1108/ijhrh-02-2024-0011
Amrit Pokhrel
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Through detailed discussions on lockdowns, contact tracing, and international border closures, this paper aims to foster a deeper understanding of how these measures impact fundamental human rights and proposes ways to achieve harmony in future pandemics and crises.\n\n\nDesign/methodology/approach\nThe viewpoint has a qualitative approach, using critical analysis and examination of legal frameworks, scholarly literature, and real-world examples to explore the interplay between public health interventions and individual liberties during pandemics. It draws upon diverse sources, including international declarations, legal instruments, and empirical studies to elucidate the complexities of balancing collective well-being with the protection of fundamental human rights. Through in-depth discussions on lockdowns, contact tracing, and international border closures, this paper aims to provide a comprehensive understanding of the challenges and opportunities in harmonizing public health with individual liberties.\n\n\nFindings\nThe findings of the viewpoint highlight the relationship between public health interventions and individual liberties during pandemics. It underscores the importance of balancing collective well-being with the protection of fundamental human rights, particularly the right to health, privacy, and autonomy. The analysis reveals the shortcomings of certain measures, such as restrictive lockdowns, border closure, and unchecked contact tracing in respecting individual rights. However, it also identifies opportunities for adopting an altruistic approach that upholds both public health imperatives and individual freedoms. Ultimately, the findings emphasize the need for a nuanced understanding and inclusive approach to crisis management.\n\n\nResearch limitations/implications\nThis analysis predominantly addresses the COVID-19 pandemic, potentially limiting the generalizability of findings to other public health crises. It is limited by its focus primarily on legal frameworks and theoretical analysis, which may not fully capture the practical complexities and nuances of implementing public health measures. Furthermore, while proposing ways to achieve harmony between public health and individual liberties, practical challenges and potential trade-offs in implementation are not extensively explored. Future research could benefit from empirical studies and case analyses to better understand the real-world implications of balancing public health imperatives with individual rights.\n\n\nPractical implications\nThe viewpoint underscores the importance of adopting an altruistic approach that respects both public health imperatives and individual rights during pandemics. Practical implications include the need for policymakers to prioritize transparency, accountability, and citizen engagement in implementing public health measures. By fostering trust, ensuring data privacy, and promoting active participation, authorities can mitigate concerns about infringements on individual liberties while effectively managing public health threats. Furthermore, the analysis highlights the importance of considering diverse perspectives and potential trade-offs in decision-making processes to achieve a balanced and inclusive approach to crisis management.\n\n\nSocial implications\nThe viewpoint’s social implications lie in building a society where public health measures are implemented with respect for individual rights, fostering trust, and promoting community engagement. By prioritizing transparency, accountability and inclusivity, authorities can mitigate social tensions and promote collective resilience during pandemics. Moreover, upholding principles of equity and fairness in crisis management can help address disparities and ensure that vulnerable populations are not disproportionately affected. Overall, the viewpoint advocates for a societal framework that values both public health and individual liberties, thereby contributing to the development of a more cohesive and resilient society in the face of future health crises.\n\n\nOriginality/value\nThe originality and value of this viewpoint lie in its comprehensive exploration of the interplay between public health interventions and individual liberties during pandemics. By synthesizing legal frameworks, scholarly literature, and real-world examples, it offers unique insights into the complexities and challenges faced by decision-makers in balancing collective well-being with the protection of fundamental human rights. Additionally, the viewpoint’s proposal of an altruistic approach that respects both public health imperatives and individual freedoms contributes to the discourse on ethical crisis management. 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引用次数: 0

摘要

目的发表本观点的目的是批判性地分析在最近和未来可能发生的流行病期间公共卫生干预与个人自由之间的关系。通过探讨健康权、隐私权和自主权之间的相互作用,本观点旨在强调决策者在平衡集体福祉和保护个人权利时所面临的复杂性和挑战。通过对封锁、联系人追踪和国际边境关闭的详细讨论,本文旨在加深对这些措施如何影响基本人权的理解,并提出在未来的大流行病和危机中实现和谐的方法。设计/方法/途径该观点采用定性方法,通过对法律框架、学术文献和现实世界中的实例进行批判性分析和研究,探讨大流行病期间公共卫生干预和个人自由之间的相互作用。它借鉴了各种资料来源,包括国际宣言、法律文书和实证研究,以阐明平衡集体福祉与保护基本人权的复杂性。通过对封锁、联系人追踪和国际边境关闭的深入讨论,本文旨在提供对协调公共卫生与个人自由之间的挑战和机遇的全面理解。它强调了平衡集体福祉与保护基本人权,特别是健康权、隐私权和自主权的重要性。分析揭示了某些措施在尊重个人权利方面的不足,如限制性封锁、关闭边境和不受限制的接触追踪。不过,分析也指出了采取利他主义方法的机会,这种方法既能维护公共卫生的需要,也能维护个人自由。最终,研究结果强调了对危机管理进行细致入微的理解和采取包容性方法的必要性。研究局限性/意义本分析主要针对 COVID-19 大流行,可能会限制研究结果对其他公共卫生危机的推广。它的局限性在于主要侧重于法律框架和理论分析,这可能无法完全反映实施公共卫生措施的实际复杂性和细微差别。此外,在提出实现公共卫生与个人自由之间和谐的方法的同时,并未广泛探讨实施过程中的实际挑战和潜在权衡。未来的研究可以从实证研究和案例分析中获益,从而更好地理解平衡公共卫生需要与个人权利的现实影响。实际意义包括决策者在实施公共卫生措施时需要优先考虑透明度、问责制和公民参与。通过培养信任、确保数据隐私和促进积极参与,当局可以减轻对侵犯个人自由的担忧,同时有效管理公共卫生威胁。此外,分析还强调了在决策过程中考虑不同观点和潜在权衡的重要性,以实现平衡和包容的危机管理方法。社会影响该观点的社会影响在于建立一个在尊重个人权利、促进信任和推动社区参与的情况下实施公共卫生措施的社会。通过优先考虑透明度、问责制和包容性,当局可以缓解社会紧张局势,促进大流行病期间的集体复原力。此外,在危机管理中坚持公平和公正的原则有助于解决差异问题,确保弱势群体不会受到过大的影响。总之,该观点主张建立一个既重视公共卫生又重视个人自由的社会框架,从而在面对未来的卫生危机时,促进建立一个更具凝聚力和复原力的社会。原创性/价值该观点的原创性和价值在于它全面探讨了大流行病期间公共卫生干预与个人自由之间的相互作用。通过综合法律框架、学术文献和现实世界的实例,该书对决策者在平衡集体福祉和保护基本人权时所面临的复杂性和挑战提出了独特见解。
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Harmonizing public health with individual liberties: exploring the interplay of right to health, privacy, and autonomy during recent and future pandemics
Purpose The purpose of publishing this viewpoint is to critically analyze the relationship between public health interventions and individual liberties, during recent and potential future pandemics. By exploring the interplay of the right to health, privacy, and autonomy, this viewpoint seeks to highlight the complexities and challenges faced by decision-makers in balancing collective well-being with the protection of individual rights. Through detailed discussions on lockdowns, contact tracing, and international border closures, this paper aims to foster a deeper understanding of how these measures impact fundamental human rights and proposes ways to achieve harmony in future pandemics and crises. Design/methodology/approach The viewpoint has a qualitative approach, using critical analysis and examination of legal frameworks, scholarly literature, and real-world examples to explore the interplay between public health interventions and individual liberties during pandemics. It draws upon diverse sources, including international declarations, legal instruments, and empirical studies to elucidate the complexities of balancing collective well-being with the protection of fundamental human rights. Through in-depth discussions on lockdowns, contact tracing, and international border closures, this paper aims to provide a comprehensive understanding of the challenges and opportunities in harmonizing public health with individual liberties. Findings The findings of the viewpoint highlight the relationship between public health interventions and individual liberties during pandemics. It underscores the importance of balancing collective well-being with the protection of fundamental human rights, particularly the right to health, privacy, and autonomy. The analysis reveals the shortcomings of certain measures, such as restrictive lockdowns, border closure, and unchecked contact tracing in respecting individual rights. However, it also identifies opportunities for adopting an altruistic approach that upholds both public health imperatives and individual freedoms. Ultimately, the findings emphasize the need for a nuanced understanding and inclusive approach to crisis management. Research limitations/implications This analysis predominantly addresses the COVID-19 pandemic, potentially limiting the generalizability of findings to other public health crises. It is limited by its focus primarily on legal frameworks and theoretical analysis, which may not fully capture the practical complexities and nuances of implementing public health measures. Furthermore, while proposing ways to achieve harmony between public health and individual liberties, practical challenges and potential trade-offs in implementation are not extensively explored. Future research could benefit from empirical studies and case analyses to better understand the real-world implications of balancing public health imperatives with individual rights. Practical implications The viewpoint underscores the importance of adopting an altruistic approach that respects both public health imperatives and individual rights during pandemics. Practical implications include the need for policymakers to prioritize transparency, accountability, and citizen engagement in implementing public health measures. By fostering trust, ensuring data privacy, and promoting active participation, authorities can mitigate concerns about infringements on individual liberties while effectively managing public health threats. Furthermore, the analysis highlights the importance of considering diverse perspectives and potential trade-offs in decision-making processes to achieve a balanced and inclusive approach to crisis management. Social implications The viewpoint’s social implications lie in building a society where public health measures are implemented with respect for individual rights, fostering trust, and promoting community engagement. By prioritizing transparency, accountability and inclusivity, authorities can mitigate social tensions and promote collective resilience during pandemics. Moreover, upholding principles of equity and fairness in crisis management can help address disparities and ensure that vulnerable populations are not disproportionately affected. Overall, the viewpoint advocates for a societal framework that values both public health and individual liberties, thereby contributing to the development of a more cohesive and resilient society in the face of future health crises. Originality/value The originality and value of this viewpoint lie in its comprehensive exploration of the interplay between public health interventions and individual liberties during pandemics. By synthesizing legal frameworks, scholarly literature, and real-world examples, it offers unique insights into the complexities and challenges faced by decision-makers in balancing collective well-being with the protection of fundamental human rights. Additionally, the viewpoint’s proposal of an altruistic approach that respects both public health imperatives and individual freedoms contributes to the discourse on ethical crisis management. Overall, it provides valuable perspectives and recommendations for achieving harmony between public health and individual liberties in future pandemics.
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来源期刊
CiteScore
2.90
自引率
7.10%
发文量
48
期刊介绍: nternational Journal of Human Rights in Healthcare (IJHRH) is an international, peer reviewed journal with a unique practical approach to promoting race equality, inclusion and human rights in health and social care. The journal publishes scholarly and double blind peer-reviewed papers of the highest standard, including case studies and book reviews. IJHRH aims include: -To explore what is currently known about discrimination and disadvantage with a particular focus on health and social care -Push the barriers of the human rights discourse by identifying new avenues for healthcare practice and policy internationally -Create bridges between policymakers, practitioners and researchers -Identify and understand the social determinants of health equity and practical interventions to overcome barriers at national and international levels. The journal welcomes papers which use varied approaches, including discussion of theory, comparative studies, systematic evaluation of interventions, analysis of qualitative data and study of health and social care institutions and the political process. Papers published in IJHRH: -Clearly demonstrate the implications of the research -Provide evidence-rich information -Provoke reflection and support critical analysis of both challenges and strengths -Share examples of best practice and ‘what works’, including user perspectives IJHRH is a hugely valuable source of information for researchers, academics, students, practitioners, managers, policy-makers, commissioning bodies, social workers, psychologists, nurses, voluntary sector workers, service users and carers internationally.
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