16: Rights and duties in and regarding communicable disease epidemics and pandemics

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Resource type: Ressourcentyp: Buch (Online)Buch (Online)Sprache: Englisch Verlag: Cheltenham, UK : Edward Elgar Publishing : Edward Elgar Publishing [Imprint], 2025ISBN:

9781788116671

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Zusammenfassung: Adopting a theory of rights-based risk ethics, this chapter develops the criteria of justified and unjustified risk impositions in connection with infectious diseases like COVID-19 and highlights the moral rights and duties of individuals and governments during a COVID-19-like disease epidemic or pandemic. According to any plausible rights-based moral theory, all people possess equal rights to the preconditions necessary for being able to lead their lives. The rights form a hierarchy, are both negative and positive, and include the right to their effective protection. Indispensable for this are territorial states which must prioritise the protection of the rights of their own citizens. The basic criterion for evaluating and balancing risks is the proportionality of the effects of the permission or prohibition of risk impositions on the ability to act of both agents and recipients. A special focus is laid on life-threatening risks. The protection of the right to life of the members of certain risk groups only justifies proportional restrictions of the ability to lead their lives of people who are not members of the risk groups. In the face of scarce medical resources, decisions how to use these resources effectively and fairly must not be avoided. As infectious disease pandemics severely affect the rights of people, there are strong obligations (especially of rich countries) to take measures to prevent outbreaks of infectious diseases from becoming pandemicsPPN: PPN: 1983967327Package identifier: Produktsigel: ZDB-94-OAB

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