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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...
Autores principales: | , , , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Oxford University Press
2020
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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. |
format | Online Article Text |
id | pubmed-7454743 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2020 |
publisher | Oxford University Press |
record_format | MEDLINE/PubMed |
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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