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      Legal rights during pandemics: Federalism, rights and public health laws – a view from Australia

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          Summary

          Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

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          How prepared is Europe for pandemic influenza? Analysis of national plans.

          Sandra Mounier-Jack, Woodrow J Coker (2006)
          The threat of a human pandemic of influenza has prompted urgent development of national preparedness plans. We assessed these plans, to judge Europe's preparedness for pandemic influenza. Published national pandemic influenza preparedness plans from the European Union countries, the two acceding countries (Bulgaria and Romania), Norway, and Switzerland, were evaluated against criteria taken from a WHO checklist. Plans were eligible for inclusion if formally published between Jan 1, 2002, and Nov 30, 2005. 21 national plans were eligible for inclusion for analysis. Although preparation for surveillance, planning and coordination, and communication were good, maintenance of essential services, putting plans into action, and public-health interventions were probably inadequate. Few countries have addressed in their plans the need for collaboration with adjacent countries, despite this being an acknowledged imperative. Similarly, plans for the timely distribution of available medical supplies are notably absent. Governmental commitment in most European countries is strong, and levels of preparedness are broadly good. However, gaps in preparedness planning remain, and substantial variations exist between countries, with important implications for the region and nation states. Improved cooperation between countries may be needed to share experience, and to ensure coherence of approaches.
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            Pandemic influenza and critical infrastructure dependencies: possible impact on hospitals.

            C. MacIntyre, Barry J. Plant, Smita Shah … (2006)
            Hospitals will be particularly challenged when pandemic influenza spreads. Within the health sector in general, existing pandemic plans focus on health interventions to control outbreaks. The critical relationship between the health sector and other sectors is not well understood and addressed. Hospitals depend on critical infrastructure external to the organisation itself. Existing plans do not adequately consider the complexity and interdependency of systems upon which hospitals rely. The failure of one such system can trigger a failure of another, causing cascading breakdowns. Health is only one of the many systems that struggle at maximum capacity during "normal" times, as current business models operate with no or minimal "excess" staff and have become irreducible operations. This makes interconnected systems highly vulnerable to acute disruptions, such as a pandemic. Companies use continuity plans and highly regulated business continuity management to overcome process interruptions. This methodology can be applied to hospitals to minimise the impact of a pandemic.
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              Will international human rights subsume medical ethics? Intersections in the UNESCO Universal Bioethics Declaration.

              T Faunce (2005)
              The International Bioethics Committee (IBC) of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) is currently drafting a Universal Bioethics Declaration ("the declaration"). The content and even the name of the declaration has yet to be finalized, but it is expected to range widely over human and non-human bioethics. It appears likely to include many articles directly related to medical ethics. The declaration may well evolve, like the Universal Declaration of Human Rights, into a component of international customary law, or be the precursor to an International Convention on Bioethics. This article discusses whether this process will facilitate bioethics and, in particular, medical ethics, being subsumed by the normative system of international human rights.
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                Author and article information

                Contributors
                B. Bennett
                Journal
                Journal ID (nlm-ta): Public Health
                Journal ID (iso-abbrev): Public Health
                Title: Public Health
                Publisher: The Royal Society for Public Health. Published by Elsevier Ltd.
                ISSN (Print): 0033-3506
                ISSN (Electronic): 1476-5616
                Publication date PMC-release: 26 February 2009
                Publication date (Print): March 2009
                Publication date (Electronic): 26 February 2009
                Volume: 123
                Issue: 3
                Pages: 232-236
                Affiliations
                Centre for Health Governance, Law and Ethics, Faculty of Law, University of Sydney, NSW 2006, Australia
                Author notes
                [∗ ]Tel.: +61 2 9351 0213; fax: +61 2 9351 0200. b.bennett@ 123456usyd.edu.au
                Article
                Publisher ID: S0033-3506(08)00354-5
                DOI: 10.1016/j.puhe.2008.12.019
                PMC ID: 7118755
                PubMed ID: 19249066
                SO-VID: 2c6b7894-96f6-48c8-80a2-161471b08a4c
                Copyright © Copyright © 2009 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.
                License:

                Since January 2020 Elsevier has created a COVID-19 resource centre with free information in English and Mandarin on the novel coronavirus COVID-19. The COVID-19 resource centre is hosted on Elsevier Connect, the company's public news and information website. Elsevier hereby grants permission to make all its COVID-19-related research that is available on the COVID-19 resource centre - including this research content - immediately available in PubMed Central and other publicly funded repositories, such as the WHO COVID database with rights for unrestricted research re-use and analyses in any form or by any means with acknowledgement of the original source. These permissions are granted for free by Elsevier for as long as the COVID-19 resource centre remains active.

                History
                Date received : 9 October 2008
                Date accepted : 12 December 2008
                Categories
                Subject: Article

                ScienceOpen disciplines: Public health
                Keywords: public health,pandemic influenza,laws and regulation,federalism,australia,individual rights
                Data availability:
                ScienceOpen disciplines: Public health
                Keywords: public health, pandemic influenza, laws and regulation, federalism, australia, individual rights

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