Applying the Proportionality Principle to COVID-19 Antibody Testing
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Applying the Proportionality Principle to COVID-19 Antibody Testing. / Gunnarsdóttir, Hrefna Dögg; Sinha, Michael S.; Gerke, Sara; Minssen, Timo.
In: Journal of Law and the Biosciences , Vol. 7, No. 1, 04.08.2020.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Applying the Proportionality Principle to COVID-19 Antibody Testing
AU - Gunnarsdóttir, Hrefna Dögg
AU - Sinha, Michael S.
AU - Gerke, Sara
AU - Minssen, Timo
PY - 2020/8/4
Y1 - 2020/8/4
N2 - As the COVID-19 pandemic continues to ravage the globe, many nations have started to relax stringent restrictions in an effort to restart the economy. While Member States of the European Union have approached reopening without the use of antibody testing for COVID-19, such testing may be central to a long-term, sustainable strategy for international travel, employment, and the allocation and monitoring of vaccines. As the use of antibody testing to dictate the enjoyment of individual freedom remains highly controversial, we describe its use in the context of three case studies (return to the workplace, travel and vaccination) applying a procedural and substantive legal balancing entailed in the proportionality principle. Differential treatments of individuals based on COVID-19 antibody test results can be justified through the proportionality principle, which offers a sound dividing line between a reasonable and responsible response and an unjust and discriminatory response.
AB - As the COVID-19 pandemic continues to ravage the globe, many nations have started to relax stringent restrictions in an effort to restart the economy. While Member States of the European Union have approached reopening without the use of antibody testing for COVID-19, such testing may be central to a long-term, sustainable strategy for international travel, employment, and the allocation and monitoring of vaccines. As the use of antibody testing to dictate the enjoyment of individual freedom remains highly controversial, we describe its use in the context of three case studies (return to the workplace, travel and vaccination) applying a procedural and substantive legal balancing entailed in the proportionality principle. Differential treatments of individuals based on COVID-19 antibody test results can be justified through the proportionality principle, which offers a sound dividing line between a reasonable and responsible response and an unjust and discriminatory response.
KW - Faculty of Law
KW - proportionaliy
KW - Covid-19
KW - testing
KW - Freedom, Security and Justice
KW - pandemic
KW - law
KW - international law
UR - https://academic.oup.com/jlb/article/doi/10.1093/jlb/lsaa058/5878809?searchresult=1
U2 - 10.1093/jlb/lsaa058
DO - 10.1093/jlb/lsaa058
M3 - Journal article
C2 - 32908675
VL - 7
JO - Journal of Law and the Biosciences
JF - Journal of Law and the Biosciences
SN - 2053-9711
IS - 1
ER -
ID: 242464763