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Applying the proportionality principle to COVID-19 antibody testing

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...

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Autores principales: Gunnarsdóttir, H D, Sinha, M S, Gerke, S, Minssen, T
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2020
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7454743/
https://www.ncbi.nlm.nih.gov/pubmed/32908675
http://dx.doi.org/10.1093/jlb/lsaa058
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author Gunnarsdóttir, H D
Sinha, M S
Gerke, S
Minssen, T
author_facet Gunnarsdóttir, H D
Sinha, M S
Gerke, S
Minssen, T
author_sort Gunnarsdóttir, H D
collection PubMed
description 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 the substantive legal balancing entailed in the proportionality principle. Differential treatment 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 legitimate response and an unjust and discriminatory response.
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spelling pubmed-74547432020-08-31 Applying the proportionality principle to COVID-19 antibody testing Gunnarsdóttir, H D Sinha, M S Gerke, S Minssen, T J Law Biosci Original Article 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 the substantive legal balancing entailed in the proportionality principle. Differential treatment 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 legitimate response and an unjust and discriminatory response. Oxford University Press 2020-08-04 /pmc/articles/PMC7454743/ /pubmed/32908675 http://dx.doi.org/10.1093/jlb/lsaa058 Text en © The Author(s) 2020. Published by Oxford University Press on behalf of Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com https://creativecommons.org/licenses/by-nc-nd/4.0/This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/4.0/ (https://creativecommons.org/licenses/by-nc-nd/4.0/) ), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work properly cited. For commercial re-use, please contact journals.permissions@oup.com
spellingShingle Original Article
Gunnarsdóttir, H D
Sinha, M S
Gerke, S
Minssen, T
Applying the proportionality principle to COVID-19 antibody testing
title Applying the proportionality principle to COVID-19 antibody testing
title_full Applying the proportionality principle to COVID-19 antibody testing
title_fullStr Applying the proportionality principle to COVID-19 antibody testing
title_full_unstemmed Applying the proportionality principle to COVID-19 antibody testing
title_short Applying the proportionality principle to COVID-19 antibody testing
title_sort applying the proportionality principle to covid-19 antibody testing
topic Original Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7454743/
https://www.ncbi.nlm.nih.gov/pubmed/32908675
http://dx.doi.org/10.1093/jlb/lsaa058
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