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2.
Eur J Health Law ; 28(1): 81-101, 2021 01 04.
Article in English | MEDLINE | ID: covidwho-1112375

ABSTRACT

This article reflects on COVID-19 restrictions imposed on elders in Ireland through the lens of the right to private and family life (Article 8 ECHR), focusing on stay at home orders and recommendations advising elders to avoid social contact. Furthermore, we examine restrictions on visiting nursing homes given the high death toll in that setting. In our analysis, we zero in on the principles of foreseeability and proportionality, highlighting areas of concern and aspects that we submit should be considered in a proportionality assessment. Ultimately, we argue that it is a mistake to view the COVID-19 pandemic solely as an emergency. In this manner, the solutions suggested through the law - restrictions on movement and visitation bans - are too narrow and fail to address the underlying structures, such as, issues in the healthcare system, the limited home help for elderly and poor conditions in nursing homes.


Subject(s)
COVID-19/prevention & control , Disease Outbreaks/legislation & jurisprudence , Family , Patient Isolation/legislation & jurisprudence , Privacy , Visitors to Patients/legislation & jurisprudence , Aged , Freedom of Movement/legislation & jurisprudence , Homes for the Aged/standards , Humans , Ireland/epidemiology , Nursing Homes/standards
3.
Isr J Health Policy Res ; 10(1): 2, 2021 01 15.
Article in English | MEDLINE | ID: covidwho-1067273

ABSTRACT

Measles is a highly contagious disease. A 24 years old patient, recently exposed to measles (unvaccinated), presented in the emergency department with severe agitation, compatible with an acute psychotic episode, during the measles epidemic which spread in Israel in 2018-2019. Upon hospital admission, strict isolation was instructed, yet, without compliance, probably due to the patient's status. Measles diagnosis was promptly confirmed. As measles transmission was eminent, public health measures were employed through immediate implementation of the section 15 of the Public Health Ordinance, allowing for compulsory short-term isolation. The patient's condition improved within a few days and the measures were no longer necessary. This measles case occurred in the pre-Coronavirus disease 2019 (COVID-19) epidemic when use of a Public Health Ordinance was considered an extreme measure. This is in contrast to the current global use of Public Health laws to enforce strict quarantine and isolation on persons infected or potentially exposed to COVID-19. Nevertheless, minimizing infectious diseases transmission is a core function of public health law. Utilizing legal enforcement in circumstances of immediate public health hazard, such as nosocomial measles transmission, necessitates careful consideration. The integrative clinical and public health approach and prompt measures employed in this exceptional case, led to prevention of further infection spread.


Subject(s)
Cross Infection/prevention & control , Measles/prevention & control , Patient Isolation/legislation & jurisprudence , Public Health/legislation & jurisprudence , Acute Disease , Emergency Service, Hospital , Hospitalization , Humans , Israel/epidemiology , Male , Measles/complications , Measles/epidemiology , Psychotic Disorders/etiology , Psychotic Disorders/therapy , Young Adult
4.
Int J Law Psychiatry ; 74: 101649, 2021.
Article in English | MEDLINE | ID: covidwho-950995

ABSTRACT

This article investigates the lawfulness of isolating residents of care and group homes during the COVID-19 pandemic. Many residents are mobile, and their freedom to move is a central ethical tenet and human right. It is not however an absolute right and trade-offs between autonomy, liberty and health need to be made since COVID-19 is highly infectious and poses serious risks of critical illness and death. People living in care and group homes may be particularly vulnerable because recommended hygiene practices are difficult for them and many residents are elderly, and/or have co-morbidities. In some circumstances, the trade-offs can be made easily with the agreement of the resident and for short periods of time. However challenging cases arise, in particular for residents and occupants with dementia who 'wander', meaning they have a strong need to walk, sometimes due to agitation, as may also be the case for some people with developmental disability (e.g. autism), or as a consequence of mental illness. This article addresses three central questions: (1) in what circumstances is it lawful to isolate residents of social care homes to prevent transmission of COVID-19, in particular where the resident has a strong compulsion to walk and will not, or cannot, remain still and isolated? (2) what types of strategies are lawful to curtail walking and achieve isolation and social distancing? (3) is law reform required to ensure any action to restrict freedoms is lawful and not excessive? These questions emerged during the first wave of the COVID-19 pandemic and are still relevant. Although focussed on COVID-19, the results are also relevant to other future outbreaks of infectious diseases in care and group homes. Likewise, while we concentrate on the law in England and Wales, the analysis and implications have international significance.


Subject(s)
COVID-19/epidemiology , Group Homes/ethics , Group Homes/legislation & jurisprudence , Nursing Homes/ethics , Nursing Homes/legislation & jurisprudence , Patient Isolation/ethics , Patient Isolation/legislation & jurisprudence , England/epidemiology , Ethics, Medical , Humans , Pandemics , Physical Distancing , SARS-CoV-2 , Wales/epidemiology
5.
PLoS One ; 15(11): e0242838, 2020.
Article in English | MEDLINE | ID: covidwho-940726

ABSTRACT

With the wake of the COVID-19 pandemic, the question of society's capability to deal with an acute health crisis is, once again, brought to the forefront. In the core is the need to broaden the perspective on the determinants of a country's ability to cope with the spread of the virus. This paper is about bringing together diverse aspects of readiness and initial reaction to a COVID-19 outbreak. We proposed an integrated evaluation framework which encapsulates six dimensions of readiness and initial reaction. Using a specific multi-level outranking method, we analysed how these dimensions affect the relative positioning of European countries in the early stages of the COVID-19 outbreak. The results revealed that the order of countries based on our six-dimensional assessment framework is significantly reminiscent of the actual positioning of countries in terms of COVID-19 morbidity and mortality in the initial phase of the pandemic. Our findings confirm that only when a country's readiness is complemented by an appropriate societal reaction we can expect a less severe outcome. Moreover, our study revealed different patterns of performance between former communist Eastern European and Western European countries.


Subject(s)
COVID-19/epidemiology , COVID-19/prevention & control , Global Health , Pandemics/prevention & control , SARS-CoV-2 , Adolescent , Adult , Aged , Aged, 80 and over , COVID-19/diagnosis , COVID-19/virology , Europe/epidemiology , Female , Government Regulation , Humans , Male , Mass Screening/methods , Middle Aged , Patient Isolation/legislation & jurisprudence , Patient Isolation/methods , Physical Distancing , Quarantine/legislation & jurisprudence , Quarantine/methods , Risk Factors , Young Adult
6.
Nat Med ; 26(11): 1714-1719, 2020 11.
Article in English | MEDLINE | ID: covidwho-780024

ABSTRACT

Superspreading events (SSEs) have characterized previous epidemics of severe acute respiratory syndrome coronavirus (SARS-CoV) and Middle East respiratory syndrome coronavirus (MERS-CoV) infections1-6. For SARS-CoV-2, the degree to which SSEs are involved in transmission remains unclear, but there is growing evidence that SSEs might be a typical feature of COVID-197,8. Using contact tracing data from 1,038 SARS-CoV-2 cases confirmed between 23 January and 28 April 2020 in Hong Kong, we identified and characterized all local clusters of infection. We identified 4-7 SSEs across 51 clusters (n = 309 cases) and estimated that 19% (95% confidence interval, 15-24%) of cases seeded 80% of all local transmission. Transmission in social settings was associated with more secondary cases than households when controlling for age (P = 0.002). Decreasing the delay between symptom onset and case confirmation did not result in fewer secondary cases (P = 0.98), although the odds that an individual being quarantined as a contact interrupted transmission was 14.4 (95% CI, 1.9-107.2). Public health authorities should focus on rapidly tracing and quarantining contacts, along with implementing restrictions targeting social settings to reduce the risk of SSEs and suppress SARS-CoV-2 transmission.


Subject(s)
COVID-19/epidemiology , COVID-19/transmission , Carrier State/epidemiology , Cluster Analysis , Contact Tracing , Female , Health Policy , Hong Kong/epidemiology , Humans , Male , Models, Theoretical , Pandemics , Patient Isolation/legislation & jurisprudence , Public Health/legislation & jurisprudence , Quarantine/legislation & jurisprudence , SARS-CoV-2/physiology , Travel-Related Illness
7.
S Afr Med J ; 110(6): 456-457, 2020 04 23.
Article in English | MEDLINE | ID: covidwho-478287

ABSTRACT

In the midst of an unprecedented public health crisis, extraordinary containment measures must be implemented. These include both isolation and quarantine, either on a voluntary basis or enforced. In the transition from voluntary to mandatory isolation, conflicts arise at the intersection of ethics, human rights and the law. The Siracusa Principles adopted by the United Nations Economic and Social Council in 1985 and enshrined in international human rights legislation and guidelines specify conditions under which civil liberties may be infringed. In order for isolation processes in South Africa to claim legitimacy, it is important that these principles as well as national laws and constitutional rights are embedded in state action.


Subject(s)
Coronavirus Infections/prevention & control , Human Rights/legislation & jurisprudence , Pandemics/prevention & control , Patient Isolation/legislation & jurisprudence , Pneumonia, Viral/prevention & control , Quarantine/legislation & jurisprudence , COVID-19 , Coronavirus Infections/epidemiology , Ethics, Medical , Humans , Pandemics/ethics , Pneumonia, Viral/epidemiology , Public Health , South Africa/epidemiology
8.
Int J Law Psychiatry ; 71: 101572, 2020.
Article in English | MEDLINE | ID: covidwho-478072

ABSTRACT

Psychiatric inpatients are particularly vulnerable to the transmission and effects of COVID-19. As such, healthcare providers should implement measures to prevent its spread within mental health units, including adequate testing, cohorting, and in some cases, the isolation of patients. Respiratory isolation imposes a significant limitation on an individual's right to liberty, and should be accompanied by appropriate legal safeguards. This paper explores the implications of respiratory isolation in English law, considering the applicability of the common law doctrine of necessity, the Mental Capacity Act 2005, the Mental Health Act 1983, and public health legislation. We then interrogate the practicality of currently available approaches by applying them to a series of hypothetical cases. There are currently no 'neat' or practicable solutions to the problem of lawfully isolating patients on mental health units, and we discuss the myriad issues with both mental health and public health law approaches to the problem. We conclude by making some suggestions to policymakers.


Subject(s)
Coronavirus Infections/prevention & control , Hospitals, Psychiatric/ethics , Hospitals, Psychiatric/legislation & jurisprudence , Infection Control/legislation & jurisprudence , Mental Competency/legislation & jurisprudence , Pandemics/prevention & control , Patient Isolation/ethics , Patient Isolation/legislation & jurisprudence , Pneumonia, Viral/prevention & control , Betacoronavirus , COVID-19 , Coronavirus Infections/epidemiology , England/epidemiology , Humans , Pneumonia, Viral/epidemiology , SARS-CoV-2 , Wales/epidemiology
9.
S Afr Med J ; 110(6): 453-455, 2020 04 23.
Article in English | MEDLINE | ID: covidwho-478021

ABSTRACT

Since community transmission of COVID-19 became established in South Africa, individuals who test positive for COVID-19 and who do not require hospitalisation have been permitted to self-isolate in their homes to reduce the burden on the health system. The Premier of KwaZulu-Natal Province has since announced that self-isolation will no longer be permitted in the province. Instead, mandatory isolation in state-designated isolation sites would apply. This policy change marks a dangerous departure from the country's prevailing position on home-based self-isolation and should not be replicated elsewhere.


Subject(s)
Coronavirus Infections/prevention & control , Health Policy , Pandemics/prevention & control , Patient Isolation/legislation & jurisprudence , Pneumonia, Viral/prevention & control , Quarantine/legislation & jurisprudence , COVID-19 , Coronavirus Infections/epidemiology , Humans , Pneumonia, Viral/epidemiology , South Africa/epidemiology
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