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Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties
Yoann Della Croce1, Ophelia Nicole-Berva2
1Department of Political Science and International Relations, University of Geneva, 40 Boulevard du Pont d'Arve, 1205 Geneva, Switzerland.
Summary
During the COVID-19 pandemic, civil disobedience by healthcare professionals protesting unsafe conditions is morally justified. However, public protests ignoring social distancing are not, despite both actions seeking policy change.
Area of Science:
- Political Philosophy
- Ethics
- Public Health Law
Background:
- The COVID-19 pandemic necessitated unprecedented state interventions, including lockdowns and social distancing measures.
- These measures raised complex questions regarding citizens' obedience to law and their right to protest.
- The study examines the ethical and legal boundaries of civil disobedience in this context.
Purpose of the Study:
- To investigate the relationship between state authority and citizen obedience during the COVID-19 pandemic.
- To analyze and normatively evaluate two distinct forms of civil disobedience: healthcare worker protests and anti-lockdown demonstrations.
- To assess the moral justification of these protests within a contractualist framework.
Main Methods:
- Comparative analysis of two case studies of civil disobedience.
- Normative evaluation using a contractualist ethical framework.
- Examination of legal duties and rights in the context of public health crises.
Main Results:
- Both healthcare professional protests against unsafe conditions and citizen protests against lockdowns were identified as civil disobedience.
- Healthcare professionals' disobedience was deemed morally justified due to the nature of their grievance and professional duty.
- Anti-lockdown protests involving disregard for social distancing were not considered morally justified due to potential harm to others.
Conclusions:
- Civil disobedience can be a legitimate tool for challenging unjust policies, but its justification is context-dependent.
- The duty of care for healthcare professionals must be balanced against the right to protest unsafe working conditions.
- Protests that endanger public health and the rights of non-protesting citizens lack moral justification, even during a pandemic.
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