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Compulsory medical intervention versus external constraint in pandemic control
Thomas Douglas1,2,3, Lisa Forsberg4,5,6, Jonathan Pugh4,3
1Oxford Uehiro Centre for Practical Ethics, Oxford University, Oxford, Oxfordshire, UK thomas.douglas@philosophy.ox.ac.uk.
Compulsory COVID-19 vaccination and treatment face legal hurdles in England. However, an ethical argument supports their justification if existing pandemic control measures like quarantine are deemed ethical.
Area of Science:
- Bioethics
- Public Health Law
- Epidemiology
Background:
- The COVID-19 pandemic necessitated unprecedented public health interventions.
- England has implemented external constraints like quarantine and lockdown to control the pandemic.
- Legal and ethical questions surround compulsory medical interventions for infectious diseases.
Purpose of the Study:
- To explore the ethical justification for compulsory COVID-19 treatment and vaccination in England.
- To compare the ethics of compulsory medical interventions with existing authorized pandemic control measures.
- To assess the legal barriers to compulsory vaccination and treatment in the English jurisdiction.
Main Methods:
- Ethical analysis comparing compulsory interventions with external constraints.
- Legal review of existing public health legislation in England.
- Conditional ethical argumentation based on the justification of current measures.
Main Results:
- Significant legal barriers exist in England for compulsory COVID-19 treatment and vaccination.
- An ethical argument can be made for compulsory interventions if current external constraints are ethically justified.
- The permissiveness of England's approach to external constraints provides a basis for considering compulsory medical interventions.
Conclusions:
- Compulsory COVID-19 vaccination and treatment may be ethically justifiable in England under specific conditions.
- The ethical framework for existing pandemic controls can be extended to support compulsory medical interventions.
- Further legal and ethical deliberation is required to navigate the implementation of compulsory measures.
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