根据《世界生物伦理与人权宣言》对南非居家令的伦理评估(联合国教科文组织)。

IF 1.8 3区 哲学 Q2 ETHICS
Journal of Bioethical Inquiry Pub Date : 2024-06-01 Epub Date: 2023-10-26 DOI:10.1007/s11673-023-10304-0
A L Rheeder
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引用次数: 0

摘要

南非政府在2020年3月27日至4月30日期间宣布了备受讨论的居家令,当时的封锁级别为5级,这意味着公民不得离开自己的家。本研究的目的是根据UDBHR的全球原则评估居家令。可以推断,就UDBHR而言,政府拥有限制个人自由的权利,因此没有侵犯UDBHR第5条,因此,在这种情况下,通过了UDBHR的测试。然而,目前仍不确定南非居家令对自由的限制是否成功地控制了新冠肺炎的传播并保护了个人免受伤害。初步调查还表明,根据第10条所述原则,特别脆弱的个人可能没有得到公平的待遇,因此,可以谨慎而适度地辩称,在根据UDBHR进行评估时,居家令经不起审查。鉴于对限制自由以控制新冠肺炎传播的有效性的持续讨论,以及人们越来越相信推进司法受到质疑,应该认真考虑限制最少的概念。Ten Have(2022)断言,全球生物伦理学也应该认真考虑其他原则,而不仅仅是限制个人自由,这是正确的。初步结论是,必须认真考虑未来可能实施的居家令。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Ethical Assessment of the Stay-At-Home Order in South Africa in Light of The Universal Declaration of Bioethics And Human Rights (UNESCO).

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of the UDBHR and therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered.

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来源期刊
Journal of Bioethical Inquiry
Journal of Bioethical Inquiry 医学-医学:伦理
CiteScore
5.20
自引率
8.30%
发文量
67
审稿时长
>12 weeks
期刊介绍: The JBI welcomes both reports of empirical research and articles that increase theoretical understanding of medicine and health care, the health professions and the biological sciences. The JBI is also open to critical reflections on medicine and conventional bioethics, the nature of health, illness and disability, the sources of ethics, the nature of ethical communities, and possible implications of new developments in science and technology for social and cultural life and human identity. We welcome contributions from perspectives that are less commonly published in existing journals in the field and reports of empirical research studies using both qualitative and quantitative methodologies. The JBI accepts contributions from authors working in or across disciplines including – but not limited to – the following: -philosophy- bioethics- economics- social theory- law- public health and epidemiology- anthropology- psychology- feminism- gay and lesbian studies- linguistics and discourse analysis- cultural studies- disability studies- history- literature and literary studies- environmental sciences- theology and religious studies
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