Yana Litins'ka
Universitetslektor
An Ounce of Prevention for a Pound of Cure? Infection Disease Testing at the Border
Författare
Redaktör
- Moa Dahlin
- Jameson Garland
- Anna-Sara Lind
- Anna Singer
- Santa Slokenberga
Summary, in English
On 5 January 2023, the Swedish Government announced the decision to introduce new restrictions to enter Sweden: due to the spread of Covid-19 in China, travellers from this direction need to show negative Covid-test results. In cases when there is no possibility of showing the results, the travellers are not allowed to enter Sweden. Governmental Ordinance (2023:2) was temporary and lasted from 7 January until 19 February 2023.
Although the Ordinance is no longer in force, the fact of its enaction raises several public law concerns.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.
Although the Ordinance is no longer in force, the fact of its enaction raises several public law concerns.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.
Avdelning/ar
- Juridiska institutionen
- Offentlig rätt
- Health Law
- Norma Research Programme
- Mänskliga rättigheter
- Folkrätt
- Rätt och utsatthet
Publiceringsår
2023-10
Språk
Engelska
Sidor
251-263
Publikation/Tidskrift/Serie
Festskrift till Elisabeth Rynning: Integritet och rättssäkerhet inom och bortom den medicinska rätten
Dokumenttyp
Del av eller Kapitel i bok
Förlag
Iustus förlag
Ämne
- Law
Nyckelord
- 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
Projekt
- Improved preparedness for future pandemics and other health crises through large-scale disease surveillance
Forskningsgrupp
- Public Law
- Health Law
- Norma Research Programme
- Human Rights Law
- Public International Law
- Law and Vulnerabilities
ISBN/ISSN/Övrigt
- ISBN: 9789177372356