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Proportionality

Proportionality

A Guiding Principle in Public Health Law, Ethics, and Policy

9780197759349
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2026-04-02

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Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and sel‎ected open access locations.During crises, such as pandemics or environmental disasters, governments must act swiftly to prevent disease and death, often with incomplete information. The principle of proportionality serves as the established legal and ethical standard for navigating this balance. However, during times of severe crisis and uncertainty, determining the proportionality of public health actions is extremely complex, particularly when decisions are made without conclusive evidence or uniformly applicableinternational standards.In Proportionality, Nikola Biller-Andorno, Julian W. März, Corine Mouton-Dorey, and Stephanie Dagron bring together 49 scholars and practitioners from around the world to explore how proportionality can guide and shape decision-making under crisis conditions. As they argue, a fundamental challenge in this domain is reconciling the obligation to foster population health through disease prevention, detection, and intervention with the imperative to respect and protectindividual rights, including autonomy and privacy. Thus, the chapters in this volume highlight the principle and the process of proportionality, in order to guide decision-making and apply proportionate measures in the face of future public health crises, whether infectious, ecological, or linked to armed conflict. This volumenot only develops the key concept of proportionality from the perspectives of law, human rights, philosophy, public health ethics, and political science, but it also looks at specific proportionality issues, such as freedom of movement, gender equity, childrens rights and disease prevention.Examining how governments and health authorities navigate the delicate balance between protecting public health and safeguarding individual rights in times of crisis, Proportionality provides a comprehensive analysis on the topic. Further, it aims to guide the development of public health policies that are effective, equitable, and respectful of human rights.
Product Details
OUP USA
104112
9780197759349
9780197759349

Data sheet

Publication date
2026
Issue number
1
Cover
hard cover
Pages count
360
Dimensions (mm)
156 x 235
  • Preface -Jerome Amir Singh; Foreword; Editors and Contributors; Notes on Editors; Notes on Contributors; Introduction; Chapter 1: Proportionality and Uncertainty in Physical Distancing Policies in U.S. States; -Justin Bernstein, Athmeya Jayaram, Brian Hutler, Jeff Jones, Travis Rieder, Anne Barnhill; Chapter 2: Proportionality and Resource Allocation in a Pandemic: The Example of Chile; -Rodrigo Lopez Barreda and Luca Valera; Chapter 3: Proportionality in Public Health Ethics, Fear, and State of Exception: A Critical Narrative Approach -Silvia Camporesi; Chapter 4: Perceptions of Proportionality: An Empirical Study on Swiss Residents Moral Considerations on COVID 19 Containment Measures; -Corine Mouton-Dorey, Bettina Schwind, Giovanni Spitale, Kristen Jafflin, Nikola Biller-Andorno; Chapter 5: Proportionality and the Need for Evidence: A Case Study of Outdoor Public Health Interventions for Respiratory Viruses in Australia; -Euzebiusz Jamrozik; Chapter 6: Inaction and the Proportionality Principle: A Review of the Management of the COVID-19 Pandemic in Mexico; -Felicitas Holzer, Ivette Maria Ortiz Alcantara, Tobias Eichinger, Nikola Biller-Andorno, Julian W. März; Chapter 7: Public Health Proportionality for Sexual and Gender Minority Youth; -Stewart Adelson, Alice Miller, Daniel Newton, Graeme Reid; Chapter 8: Responding Proportionately to the COVID-19 Pandemic in UK Long-Stay, In-Patient Pediatric Wards -Heather Draper, Caroline Redhead, Anna Chiumento, Sara Fovargue, Lucy Frith; Chapter 9: Proportionality in Public Health Law: a Case Study on Singapores Travel Restrictions for Migrant Healthcare Workers; -Hui Yun Chan; Chapter 10: COVID-19 Restrictions in Long-Term Care Facilities in the U.S.: Unintended Consequences and Possible Lessons; -Jakub P. Hlavka, Yimin Ge, Shengjia Xu, Alexander M. Capron; Chapter 11: Proportionality Behind Locked Doors: Nursing Homes, Fundamental Rights, and Visiting Restrictions During the Corona Pandemic; -Settimio Monteverde; Chapter 12: Mobile Vaccination Teams in Long-Term Care Homes for Elderly in Germany during the COVID-19 pandemic; -Jonathan Hunger and Eva Kuhn; Chapter 13: Proportionality of the COVID-19 Measures: The European Court of Human Rights Approach; -Helen Keller and Viktoryia Gurash; Chapter 14: Proportionality and the Swiss Courts; -Helen Keller and Violetta Sefkow-Werner; Chapter 15: The Right to Privacy, Contact Tracing, and Public Health During the COVID-19 Pandemic: The Israeli Case; -Shelly Kamin-Friedman, Maya Peled-Raz, Nadav Davidovitch; Chapter 16: The Principle of Proportionality and the Digitalisation of Epidemic Countermeasures in Hong Kong SAR; -Calvin Ho; Chapter 17: Proportionality, Epidemiological Research and Data Protection in a Pandemic; -Fruzsina Molnar-Gabor; Chapter 18: (Dis)proportionate Abortion Care Regulation and the COVID-19 Pandemic in Great Britain; -Jordan Parsons and Chloe Romanis; Chapter 19: A Proportional Response?: Abortion Exceptionalism, Telemedicine, and the COVID-19 Pandemic in Great Britain; -Rishita Nandagiri and Lucia Berro Pizzarossa;
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