Covid-19, law & regulation : rights, freedoms, and obligations in a pandemic / Belinda Bennett, Ian Freckelton, and Gabrielle Wolf.

Oxford : Oxford University Press, 2023.

1st edition

200724

COVID-19 (Disease) -- Law and legislation.

COVID-19 Pandemic, 2020- -- Law and legislation.

1. COVID-19, law, and regulation

I. Introduction

II. The COVID-19 pandemic

III. Key themes

IV. Overview of the book

2. Past legal and regulatory responses to infectious diseases

I. Introduction

II. The Black Death, quarantine laws, and changes to labour law

III. Smallpox, inoculation, and vaccination

IV. Cholera, tuberculosis, health boards, and sanitary reform

V. 'Russian Flu', disease monitoring, and contract law in England

VI. Spanish Flu and the use of voluntary and coercive public health measures

VII. Poliomyelitis and vaccination

VIII. Acquired immune deficiency syndrome

IX. Severe Acute Respiratory Syndrome (SARS)

x Bird Flu, Swine Flu, and access to vaccines

XI. Ebola virus disease in West Africa

XII. Conclusion

3. A global emergency

I. Introduction

II. The International Health Regulations

III. The International Health Regulations (2005)

IV, 2009 HIN1 influenza pandemic: the first test of the IHR (2005)

V. Ebola: another test for the IHR (2005)

VI. COVID-19 and the IHR (2005)

VII. Proposals for a pandemic treaty

VII, Measuring the pandemic

IX. Conclusion

4. Restrictions on movement

I. Introduction

II. Restrictions on citizens' and permanent residents' freedom of movement

III. Closure and patrolling of borders to indigenous communities

IV. The impact of movement restrictions on families with separated parents

V. Extradition

VI. Restrictions on non- citizens freedom of movement

VII. Closure of ports to and quarantine of cruise ships

VIII. Conclusion

5. Domestic laws and emergency measures

I. Introduction

II. Emergency laws

III. Travel restrictions

IV. Quarantine and isolation

V. Lockdowns and stay-at-home orders

VI. Curfews

VII. Physical distancing requirements

VIII. Wearing of face masks

IX. Mandatory vaccination

X. Vaccination passports

XI. COVID-19 testing and contact tracing

XII. Conclusion

6. Litigation and legal challenges to emergency orders

I. Introduction

II. Challenges to border closures

III. Challenges to lockdowns

IV. A Challenge to government responses under public law

V. Challenges to quarantine

VI. Challenges to curfews

VII. Challenges to physical distancing orders

VIII. Challenges to face mask orders

IX. Challenges arising from the rights to protest and assemble

X. Challenges to mandatory vaccination requirements

XI. Disputes about Vaccination of Children

XII. Challenges to denial of entry of unvaccinated persons

XIII. Conclusion

7. Risk, impact, and disadvantage

I. Introduction

II. The uneven impact of COVID-19

III. Prevention and treatment

IV. Social isolation

V. Effects of COVID-19 on mental health

VI. The impact of COVID-19 on economies and employment

VII. Conclusion

8. Criminal justice issues and the COVID-19 pandemic

I. Introduction

II. Changes to substantive aspects of criminal justice systems

III. Issues for criminal justice systems

IV. The impact of COVID-19 on the use of detention and incarceration

V. Conclusion

9. Civil liability, regulation, and accountability

I. Introduction

II. Tort law

III. Contract law

IV. Construction of insurance contracts

V. Immunity for healthcare workers

VI. Vaccination compensation

VII. Pathology and medico-legal investigations into COVID-19 deaths

VIII. Consumer protection litigation

IX. Regulation of healthcare practitioners

X. Conclusion

10. COVID-19 and workplace and occupational health and safety

I. Introduction

II. Changing workplace culture

III. Legislative occupational health and safety obligations

IV. Changes to workplace legislation

V. Healthcare workers during COVID-19

VI. Mandatory vaccination in workplaces

VII. Conclusion

11. Development of COVID-19 treatments and vaccines

I. Introduction

II. Research into COVID-19 treatments and vaccines

III. Participation in COVID-19 treatments and vaccines research

IV. Publication of results of COVID-19 research

V. Conclusion

12. Production, regulation, and distribution of COVID-19 treatments and vaccines

I. Introduction

II. Access to COVID-19 treatments and vaccines

III. Rationing and allocation of COVTD-19 treatments and vaccines

IV. Regulation of COVID-19 treatments and vaccines

V. Intellectual property law and COVID-19 treatments and vaccines

VI. Conclusion

13. Law, regulation, and rights: reflections on the COVID-19 pandemic

I. Introduction

II. Layers of law and polycentricity

III. The role and scope of law

IV. Understandings of and legal responses to risk

V. Human rights

VI. Civil litigation and regulatory obligations

VII Conclusion.

COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises. - Publisher's website.

Includes bibliographical references and index.

9780192896742

xxxv, 674 pages ; 25 cm