Question

Using an example drawn from current public health practice in the United States, explain: When and under what circumstances is it acceptable for state or local health departments to infringe upon the liberty of individuals to further the public's health? How should such interventions be conducted in order to be as respectful as possible of the competing and/or shared interests of affected individuals (those whose autonomy is infringed) and others in the community? (700-800 words with 3-4 references)

Answer 1

it is acceptable for a state or local health department to infringe or regulate the liberty of individuals for the sake of goodwill or improving the health of of a country's or state overall population. even if the state impose rules, it has to provide clear explanation and rationale to jusity the purpose of rule. example: in order to reduce the number of smokers, it is acceptable to put forward laws and rules regarding where and when to smoke, increasing tax on cigarettes so that very few people may find it affordable to use. rules on controlling tobacco use is prevalent in the united states of america, because risk prone behaviour taken by one or more individuals could have deletorious effects on the population at a large level. this could include the harmful effects of smoking, namely active and passive smoking. rules are good to educate and warn public as part of protecting the public health but it should not be extended towards paternalism which includes imposing and infringement into the people's freedom. measures undertaken by the state must focus on either prevention or remediation. prevention of health problems could be performed by detection and tracking system. remediation could be by means of containment to reduce the impact of actual damage that may occur. even if a state law is effective, essential in understanding the improvement of public health, it has to follow least infringement. in case of the people whose autonomy is infringed, state health rules has to follow accountability, equality, non discrimination while caring for them.

reference:

ronald bayer. continuing tension between individual rights and public health. embo repo. dec(2007). 8(12)

jorge galva. public health strategy and police power of state. public health rep. 2005. 120 (1). 20-27

mathew foley. the turning point model state public health act. ama journal of ethics

timothy allen. necessity and least infrinement conditions of public health ethics. journal of medicine, health care and philosophy. 20(2017). 525-535

human rights an dhealth. who. 29 december (2017)