Applying the Proportionality Principle to COVID-19 Antibody Testing

Research output: Contribution to journalJournal articleResearchpeer-review

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Applying the Proportionality Principle to COVID-19 Antibody Testing. / Gunnarsdóttir, Hrefna Dögg; Sinha, Michael S.; Gerke, Sara; Minssen, Timo.

In: Journal of Law and the Biosciences, Vol. 7, No. 1, 04.08.2020.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Gunnarsdóttir, HD, Sinha, MS, Gerke, S & Minssen, T 2020, 'Applying the Proportionality Principle to COVID-19 Antibody Testing', Journal of Law and the Biosciences, vol. 7, no. 1. https://doi.org/10.1093/jlb/lsaa058

APA

Gunnarsdóttir, H. D., Sinha, M. S., Gerke, S., & Minssen, T. (2020). Applying the Proportionality Principle to COVID-19 Antibody Testing. Journal of Law and the Biosciences, 7(1). https://doi.org/10.1093/jlb/lsaa058

Vancouver

Gunnarsdóttir HD, Sinha MS, Gerke S, Minssen T. Applying the Proportionality Principle to COVID-19 Antibody Testing. Journal of Law and the Biosciences. 2020 Aug 4;7(1). https://doi.org/10.1093/jlb/lsaa058

Author

Gunnarsdóttir, Hrefna Dögg ; Sinha, Michael S. ; Gerke, Sara ; Minssen, Timo. / Applying the Proportionality Principle to COVID-19 Antibody Testing. In: Journal of Law and the Biosciences. 2020 ; Vol. 7, No. 1.

Bibtex

@article{3e72f2df97ef4715b8e45f794bc33db4,
title = "Applying the Proportionality Principle to COVID-19 Antibody Testing",
abstract = "As the COVID-19 pandemic continues to ravage the globe, many nations have started to relax stringent restrictions in an effort to restart the economy. While Member States of the European Union have approached reopening without the use of antibody testing for COVID-19, such testing may be central to a long-term, sustainable strategy for international travel, employment, and the allocation and monitoring of vaccines. As the use of antibody testing to dictate the enjoyment of individual freedom remains highly controversial, we describe its use in the context of three case studies (return to the workplace, travel and vaccination) applying a procedural and substantive legal balancing entailed in the proportionality principle. Differential treatments of individuals based on COVID-19 antibody test results can be justified through the proportionality principle, which offers a sound dividing line between a reasonable and responsible response and an unjust and discriminatory response.",
keywords = "Faculty of Law, proportionaliy, Covid-19, testing, Freedom, Security and Justice, pandemic, law, international law",
author = "Gunnarsd{\'o}ttir, {Hrefna D{\"o}gg} and Sinha, {Michael S.} and Sara Gerke and Timo Minssen",
year = "2020",
month = "8",
day = "4",
doi = "https://doi.org/10.1093/jlb/lsaa058",
language = "English",
volume = "7",
journal = "Journal of Law and the Biosciences",
issn = "2053-9711",
publisher = "Oxford University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Applying the Proportionality Principle to COVID-19 Antibody Testing

AU - Gunnarsdóttir, Hrefna Dögg

AU - Sinha, Michael S.

AU - Gerke, Sara

AU - Minssen, Timo

PY - 2020/8/4

Y1 - 2020/8/4

N2 - As the COVID-19 pandemic continues to ravage the globe, many nations have started to relax stringent restrictions in an effort to restart the economy. While Member States of the European Union have approached reopening without the use of antibody testing for COVID-19, such testing may be central to a long-term, sustainable strategy for international travel, employment, and the allocation and monitoring of vaccines. As the use of antibody testing to dictate the enjoyment of individual freedom remains highly controversial, we describe its use in the context of three case studies (return to the workplace, travel and vaccination) applying a procedural and substantive legal balancing entailed in the proportionality principle. Differential treatments of individuals based on COVID-19 antibody test results can be justified through the proportionality principle, which offers a sound dividing line between a reasonable and responsible response and an unjust and discriminatory response.

AB - As the COVID-19 pandemic continues to ravage the globe, many nations have started to relax stringent restrictions in an effort to restart the economy. While Member States of the European Union have approached reopening without the use of antibody testing for COVID-19, such testing may be central to a long-term, sustainable strategy for international travel, employment, and the allocation and monitoring of vaccines. As the use of antibody testing to dictate the enjoyment of individual freedom remains highly controversial, we describe its use in the context of three case studies (return to the workplace, travel and vaccination) applying a procedural and substantive legal balancing entailed in the proportionality principle. Differential treatments of individuals based on COVID-19 antibody test results can be justified through the proportionality principle, which offers a sound dividing line between a reasonable and responsible response and an unjust and discriminatory response.

KW - Faculty of Law

KW - proportionaliy

KW - Covid-19

KW - testing

KW - Freedom, Security and Justice

KW - pandemic

KW - law

KW - international law

UR - https://academic.oup.com/jlb/article/doi/10.1093/jlb/lsaa058/5878809?searchresult=1

U2 - https://doi.org/10.1093/jlb/lsaa058

DO - https://doi.org/10.1093/jlb/lsaa058

M3 - Journal article

VL - 7

JO - Journal of Law and the Biosciences

JF - Journal of Law and the Biosciences

SN - 2053-9711

IS - 1

ER -

ID: 242464763