Yana Litins'ka
Senior lecturer
An Ounce of Prevention for a Pound of Cure? Infection Disease Testing at the Border
Author
Editor
- Moa Dahlin
- Jameson Garland
- Anna-Sara Lind
- Anna Singer
- Santa Slokenberga
Summary, in English
Although the Ordinance is no longer in force, the fact of its enaction raises several public law concerns. Firstly, the concerns about the rule of law and the legal nature of such testing within the Swedish legal order must be addressed. Chapter 2 Article 6 of the Instrument of Government (hereinafter – IoG) prohibits forced bodily interventions; the right can be limited only by Parliament and, if necessary, in a democratic society. Governmental Ordinance 2023:2 raises the question of whether it limits the freedom from bodily interventions in the constitutional meaning. Secondly, if it will be concluded that the decisions about testing for infectious disease are the exclusive competence of Parliament, the central questions of legislative preparedness to prevent epidemic outbreaks in Sweden via testing those who arrive from the countries where such outbreaks occur must be raised.
This contribution analyses the possibilities and hindrances for introducing compulsory testing to enter Sweden, such as the one established under Ordinance 2023:2. The analysis focuses on national constitutional and administrative law norms.
Department/s
- Department of Law
- Public Law
- Health Law
- Norma Research Programme
- Human Rights Law
- Public International Law
- Law and Vulnerabilities
Publishing year
2023-10
Language
English
Pages
251-263
Publication/Series
Festskrift till Elisabeth Rynning: Integritet och rättssäkerhet inom och bortom den medicinska rätten
Document type
Book chapter
Publisher
Iustus förlag
Topic
- Law
Keywords
- Preparedness
- Infection disease
- Constitutional law
- Bodily interventions
- IHR
- Infection disease control
- Use of force
- Privacy
- Human rights
- Limitations of rights
- Medical law
- Medicinsk rätt
- Mänskliga rättigheter
Status
Published
Project
- Improved preparedness for future pandemics and other health crises through large-scale disease surveillance
Research group
- Public Law
- Health Law
- Norma Research Programme
- Human Rights Law
- Public International Law
- Law and Vulnerabilities
ISBN/ISSN/Other
- ISBN: 9789177372356