Human Dignity, Right to Health, and Balancing: With Special Focus on Vulnerability in a Public Health Emergency
摘要
In a public health emergency caused by a pandemic—including but not limited to COVID-19—human dignity and the right to health reveal themselves as more vulnerable than ever, and fierce tensions also arise between them and various other fundamental rights and values. Human dignity has dual dimensions, i.e., regarding the individual and social human beings. Nevertheless, both dimensions reserve the equality of person, so that the concept of human dignity has a necessary connection with that of personality. There are four groups of crucial questions on the balancing of human dignity and the right to health in public health emergencies: the hierarchy doubt, the naturalistic fallacy, the triage dilemma, and the social determinants. The concept of the right to health in the context of the ICESCR is characterized by its inclusiveness with public health as well as its progressive realization by applying the four concretized criteria of the proportionality test: availability, accessibility, acceptability, and quality. In the process of preventing, treating, and controlling infectious diseases, mankind in general—and pregnant women, medical personnel, elderly persons, and persons with other disabilities in particular—are all vulnerable, and their health rights should not be discriminatorily constrained in public health emergencies.