2009
DOI: 10.1016/j.puhe.2008.12.019
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Legal rights during pandemics: Federalism, rights and public health laws – a view from Australia

Abstract: Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balanci… Show more

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Cited by 9 publications
(12 citation statements)
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“…Problems arise in crafting a coordinated approach to a national challenge, due to the latitude for different approaches to implementation of pandemic planning between the States/Territories, as illustrated when Queensland followed the national pandemic plan and briefly encouraged food stockpiling during the 2009 swine flu episode, before falling into line with the national view that this would unsettle the public. Federal divisions of power and responsibility are a particular issue, 16,17 as is the potential for division of approach between the two levels of government, 18 consequent on the political legacy of sovereign power of the States. The various techniques and avenues for harmonisation of laws are one way of dealing with this, 19 including consideration of options such as a checklist for each jurisdiction to use for benchmarking, consultation around elimination of more egregious forms of disharmony, a ‘model act’, referral of powers or national legislation based on federal powers 18…”
Section: Legal Preparedness In Australia and Its Regionmentioning
confidence: 99%
“…Problems arise in crafting a coordinated approach to a national challenge, due to the latitude for different approaches to implementation of pandemic planning between the States/Territories, as illustrated when Queensland followed the national pandemic plan and briefly encouraged food stockpiling during the 2009 swine flu episode, before falling into line with the national view that this would unsettle the public. Federal divisions of power and responsibility are a particular issue, 16,17 as is the potential for division of approach between the two levels of government, 18 consequent on the political legacy of sovereign power of the States. The various techniques and avenues for harmonisation of laws are one way of dealing with this, 19 including consideration of options such as a checklist for each jurisdiction to use for benchmarking, consultation around elimination of more egregious forms of disharmony, a ‘model act’, referral of powers or national legislation based on federal powers 18…”
Section: Legal Preparedness In Australia and Its Regionmentioning
confidence: 99%
“…There were questionnaires on socio-economic circumstances that might include some aspects of housing [18] or studies on psychological conditions relating the main characteristics of the built environment to the psychological effects of being confined for long periods of time [19]. Faced with this scenario, the impacts of this measure are cited, not only biomedical, but also social, which should be addressed from the respective fields of knowledge [20], and even legal implications, on the rights of individuals without undermining community protection [21].…”
Section: Introductionmentioning
confidence: 99%
“…One strategy available to public health officials is physician recommendations for self-imposed isolation of infected individuals; specifically, to stay home for at least seven days. Such public health measures, however, only work if patients are willing to comply [5][6][7]. This study was undertaken during the height of the Australian pandemic (H1N1) 2009 outbreak to measure self-reported willingness to comply with physician recommendations to stay home for seven days, and to compare responses for the current strain of pandemic influenza, avian influenza (H5N1), seasonal influenza, and the common cold.…”
Section: Introductionmentioning
confidence: 99%