澳大利亚人在印度被抛弃:新冠肺炎时代入境权作为一种担保权的分析。

IF 1.6 Q2 ETHICS
Monash Bioethics Review Pub Date : 2022-06-01 Epub Date: 2022-02-18 DOI:10.1007/s40592-022-00151-x
Diego S Silva
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引用次数: 2

摘要

2021年5月,当SARS-CoV2的三角洲变种在印度肆虐时,澳大利亚联邦政府禁止在印度的公民和居民在14天内返回澳大利亚,否则将处以罚款或监禁。这些措施是合理的,因为它们可以保护澳大利亚广大公众免受可能进口三角洲病毒的影响,官员们担心这会在当地引发疫情。那些被困在印度的澳大利亚人,以及他们在国内的家人和社区,声称他们被总理斯科特·莫里森(Scott Morrison)的政府抛弃了。这一案例以及以公共卫生的名义作为边境控制措施的一部分使用的其他障碍提出了以下问题:在大流行期间,一个国家禁止其公民和居民进入自己的国家在道德上是否允许?我认为这是不允许的。我认为人的进入权应该被理解为担保权。这种担保权应该是不可减损的,因为它是一种基本利益,对于人生规划的目的是必要的。此外,即使在大流行期间,人们也应该能够绝对依赖这一权利。至少,如果有人认为基于公共卫生理由的入境权存在罕见的例外情况,政府有责任——基于互惠原则——支持那些暂时被拒绝入境的人。在澳大利亚人滞留印度的情况下,我认为澳大利亚联邦政府在各方面都失败了。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The abandonment of Australians in India: an analysis of the right of entry as a security right in the age of COVID-19.

In May 2021, when the Delta variant of SARS-CoV2 was wreaking havoc in India, the Australian Federal Government banned its citizens and residents who were there from coming back to Australia for 14 days on penalty of fines or imprisonment. These measures were justified on the grounds of protecting the broader Australian public from potentially importing the Delta strain, which officials feared would then seed a local outbreak. Those Australians stranded in India, and their families and communities back home, claimed that they were abandoned by Prime Minister Scott Morrison's government. This case-along with other barriers used as part of border control measures in the name of public health-raises the following question: is it ever morally permissible for a state to ban its citizens and residents from entering their own country during a pandemic? I conclude that it's impermissible. I argue that persons have a right of entry that should be understood as a security right. This security right should be non-derogable because it's a foundational good that is necessary for life-planning purposes. Moreover, it is a right that people should be able to rely upon absolutely, even during pandemics. At the very least, should someone believe that there are rare exceptions to the right of entry on public health grounds, governments have a duty-grounded in the principle of reciprocity-to support those who are temporarily denied entry. In the case of Australians stranded in India, I will argue that the Australian Federal Government failed on all accounts.

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来源期刊
CiteScore
2.70
自引率
6.20%
发文量
16
期刊介绍: Monash Bioethics Review provides comprehensive coverage of traditional topics and emerging issues in bioethics. The Journal is especially concerned with empirically-informed philosophical bioethical analysis with policy relevance. Monash Bioethics Review also regularly publishes empirical studies providing explicit ethical analysis and/or with significant ethical or policy implications. Produced by the Monash University Centre for Human Bioethics since 1981 (originally as Bioethics News), Monash Bioethics Review is the oldest peer reviewed bioethics journal based in Australia–and one of the oldest bioethics journals in the world. An international forum for empirically-informed philosophical bioethical analysis with policy relevance. Includes empirical studies providing explicit ethical analysis and/or with significant ethical or policy implications. One of the oldest bioethics journals, produced by a world-leading bioethics centre. Publishes papers up to 13,000 words in length. Unique New Feature: All Articles Open for Commentary
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