Applying the proportionality principle to COVID-19 antibody testing

Area of Science:

• Public Health
• Legal Studies
• Epidemiology

Background:

• The COVID-19 pandemic necessitates strategies for economic reopening amid varying global responses.
• European Union member states have largely avoided antibody testing for reopening.
• Antibody testing is proposed as a key component for sustainable international travel, employment, and vaccine management.

Purpose of the Study:

• To evaluate the legal justification for using COVID-19 antibody testing in reopening strategies.
• To apply the proportionality principle to assess the differential treatment of individuals based on antibody test results.
• To provide a framework for distinguishing legitimate from discriminatory use of antibody testing.

Main Methods:

• Analysis of legal principles, specifically the proportionality principle.
• Case study examination of antibody testing in workplace reentry, international travel, and vaccination.
• Legal balancing of individual freedoms against public health objectives.

Main Results:

• Differential treatment based on COVID-19 antibody status can be legally justified.
• The proportionality principle provides a framework for assessing the reasonableness of such policies.
• Antibody testing can serve as a basis for informed decision-making in public health and economic contexts.

Conclusions:

• COVID-19 antibody testing, when applied judiciously, can support safe reopening.
• The proportionality principle is crucial for ensuring that policies based on antibody testing are neither unjust nor discriminatory.
• Integrating antibody testing into long-term strategies may balance public health with individual liberties.