Harmonizing public health with individual liberties: exploring the interplay of right to health, privacy, and autonomy during recent and future pandemics

Abstract

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.

Citation

Pokhrel, A. (2024), "Harmonizing public health with individual liberties: exploring the interplay of right to health, privacy, and autonomy during recent and future pandemics", International Journal of Human Rights in Healthcare, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/IJHRH-02-2024-0011