Wyzwania dla państwa prawa wobec etyki kwarantanny: analiza działań organów USA w celu ochrony zdrowia publicznego (studium przypadku).

Translated title of the contribution: Challenges for the Rule of Law Confronted with the Quarantine Ethics: an Analysis of the US Authorities’ Actions Protecting Public Health (case study)

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Abstract

The objective of the article is to explain the challenges for the rule of law and the human rights protection when quarantine measures are applied to protect the public against health threats. In the aim of exploring those challenges, the paper scrutinises a case of Mrs KaciHickox, an American nurse, who was quarantined in 2014 after volunteering during the Ebola epidemic in Africa. The article demonstrates that treating public health as a security issue and restrictive actions of administration can result in unjustified limitation of individuals’rights. The key claim of this work is that the application of quarantine measures toward individuals should be assessed against both legal and ethical standards.
Translated title of the contributionChallenges for the Rule of Law Confronted with the Quarantine Ethics: an Analysis of the US Authorities’ Actions Protecting Public Health (case study)
Original languageOther
Pages (from-to)22-40
Number of pages9
JournalPaństwo i Prawo
Publication statusPublished - 31 Oct 2018

Bibliographical note

The financial support of the EU Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No 746014 is hereby acknowledged. The project THEMIS: ‘Protecting Human Rights and Public Health in Global Pandemics A Map of the Standards Applied by EU and US Courts’.

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