#1198
This article, from Scotland's Dundee Courier, outlines proposed changes in that country's health enforcement laws designed to enhance their ability to deal with large scale medical disasters like pandemic flu. They refer to these changes as draconian measures.
Perhaps they are.
Abridgements of rights are never viewed positively, particularly by those who's rights have been infringed.
Granted, any law can be unfairly implemented, and even innocuous legislation's can go awry. How these laws are used (or abused) by the people they empower will tell the tale. Could they be used unfairly and to the detriment of the general population?
Absolutely.
Are these laws a power grab and an abridgement of people's rights?
Not necessarily.
During a pandemic, officials, and those on the front lines (cops, national guard troops, doctors, nurses, etc.) are going to be overworked, overstressed, and dealing with impossible situations at every turn. The public will clamor to be protected, particularly when they start seeing their friends and loved ones stricken, and perhaps dying.
It won't be pretty, and along the way I've no doubt that some people's rights are going to be trampled. And the level of those transgressions will probably vary considerably from one country, or locality, to another.
I suspect those abuses will occur, with or without the color of law. Having a law just makes it easier.
Admittedly, I'm always wary whenever a government tries to increase the power they wield over their citizens. All too often these laws have a life of their own, increasing in scope and intrusiveness with time. The record for most governments in this regard has been poor.
I also know that during a severe pandemic, where millions of people are dying, some special powers will be needed by local, state, and federal governments to deal with the crisis. Most people will demand that the welfare of the many outweigh the rights of a few.
At least until they find themselves on the receiving end of some draconian order.
These laws are not likely to go away. All we can hope is that they are applied with a bit of common sense, and that decisions are made by public health officials, and not politicians.
Health bill proposes draconian powers
By Marjory Inglis, health reporter
PEOPLE WILL be banned from schools and workplaces and could be forced to have medical treatment against their will in a bid to protect the wider public, under legislation outlined yesterday.
Draconian measures are being proposed to tackle a range of modern threats, such as pandemic flu and bio-terrorism, set out in a bill to modernise Scotland’s public health legislation published yesterday.
Current legislation dates back to 1889 but the new bill aims to ensure that organisations responsible for protecting public health are better equipped to protect Scotland from the threat of infectious diseases and contamination.
Dr Harry Burns, Scotland’s chief medical officer, said, “Our public health legislation needs to be modernised to address the threats we face in a modern day world. That could be from issues as wide-ranging as pandemic flu to bio-terrorism.
“Our preparedness to protect the public will be strengthened by this legislation. It gives clear and transparent roles and responsibilities for health protection.”
Key provisions in the bill include:
Updating and strengthening existing powers of health boards to extend the exclusion of people from school and work, where there is a risk to public health, to a wider range of settings.
Introducing new powers to quarantine people in defined circumstances and, where there is significant risk to public health, on order from a sheriff, while maintaining personal safeguards.
Updating existing powers to remove and detain in hospital a person suffering from a serious infectious disease or who has been contaminated, where there is a significant risk to public health, on order from a sheriff.
Updating existing powers to require a person to have the least intrusive or invasive medical examination possible to achieve the public health outcome, without consent, in defined circumstances and where there is significant risk to public health, on order from a sheriff.
A new power to require a person to be disinfected, disinfested or decontaminated, in defined circumstances and where there is significant risk to public health, on order from a sheriff.
Minister for Public Health Shona Robison said, “The provisions in this bill are vital for the future protection of the health of the people of Scotland.
“This is a major piece of legislation which will ensure that appropriate measures are in place to safeguard the public from existing and emerging threats to public health.
“In a world that is increasingly accessible, largely ue to the ease of overseas travel, this is an issue facing every country. We must endeavour to ensure that modern day Scotland has the necessary legislative powers in place to deal with the wide ranging threats and challenges we face in the 21st century.”
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