Public Health
Volume 123, Issue 3 , Pages 232-236, March 2009

Legal rights during pandemics: Federalism, rights and public health laws – a view from Australia

  • B. Bennett

      Affiliations

    • Corresponding Author InformationTel.: +61 2 9351 0213; fax: +61 2 9351 0200.

Centre for Health Governance, Law and Ethics, Faculty of Law, University of Sydney, NSW 2006, Australia

Received 9 October 2008; accepted 12 December 2008. published online 02 March 2009.

Summary 

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 balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

Keywords: Public health, Pandemic influenza, Laws and regulation, Federalism, Australia, Individual rights

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PII: S0033-3506(08)00354-5

doi:10.1016/j.puhe.2008.12.019

Public Health
Volume 123, Issue 3 , Pages 232-236, March 2009

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