Abstract

http://ssrn.com/abstract=905916
 
 

Citations (6)



 
 

Footnotes (259)



 


 



Pandemic Influenza: Ethics, Law, and the Public's Health


Lawrence O. Gostin


Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Benjamin E. Berkman


Fellow - Center for Law and the Public's Health

October 26, 2010

Administrative Law Review, Vol. 59, No. 1, p. 121, 2007
Georgetown Public Law Research Paper No. 10-62

Abstract:     
Highly pathogenic Influenza (HPAI) has captured the close attention of policy makers who regard pandemic influenza as a national security threat. Although the prevalence is currently very low, recent evidence that the 1918 pandemic was caused by an avian influenza virus lends credence to the theory that current outbreaks could have pandemic potential. If the threat becomes a reality, massive loss of life and economic disruption would ensue. Therapeutic countermeasures (e.g., vaccines and antiviral medications) and public health interventions (e.g., infection control, social separation, and quarantine) form the two principal strategies for prevention and response, both of which present formidable legal and ethical challenges that have yet to receive sufficient attention. In part II, we examine the major medical countermeasures being considered as an intervention for an influenza pandemic. In this section, we will evaluate the known effectiveness of these interventions and analyze the ethical claims relating to distributive justice in the allocation of scarce resources. In part III, we will discuss public health interventions, exploring the hard tradeoffs between population health on the one hand and personal (e.g., autonomy, privacy, and liberty) and economic (e.g., trade, tourism, and business) interests on the other. This section will focus on the ethical and human rights issues inherent in population-based interventions. Pandemics can be deeply socially divisive, and the political response to these issues not only impacts public health preparedness, but also reflects profoundly on the kind of society we aspire to be.

Number of Pages in PDF File: 57

Keywords: pandemic influenza, law, ethics, public health, vaccines

JEL Classification: I18, K32

Accepted Paper Series


Download This Paper

Date posted: June 2, 2006 ; Last revised: October 26, 2010

Suggested Citation

Gostin, Lawrence O. and Berkman, Benjamin E., Pandemic Influenza: Ethics, Law, and the Public's Health (October 26, 2010). Administrative Law Review, Vol. 59, No. 1, p. 121, 2007; Georgetown Public Law Research Paper No. 10-62. Available at SSRN: http://ssrn.com/abstract=905916

Contact Information

Lawrence O. Gostin
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9038 (Phone)
202-662-9055 (Fax)
Benjamin E. Berkman (Contact Author)
Fellow - Center for Law and the Public's Health ( email )
550 First St., NW
Hotung Room 5029
Washington, DC 20001
United States
202-662-9777 (Phone)
HOME PAGE: http://www.publichealthlaw.net
Feedback to SSRN


Paper statistics
Abstract Views: 1,948
Downloads: 315
Download Rank: 51,623
Citations:  6
Footnotes:  259

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.344 seconds