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KMID : 1142820210050010001
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Bio, Ethics and Policy
2021 Volume.5 No. 1 p.1 ~ p.23
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Infectious Disease Prevention, Human Rights, and the Constitution
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Oh Dong-Suk
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Abstract
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Korean society has revealed its vulnerability in matters related to fundamental rights, even before the pandemic caused by COVID-19. There is always a gap between the norm and reality, but it is difficult to say that the fundamental rights that are controversial during quarantine have had a constitutional effect. “K-Defense Defense” was successfully initiated, but it was strongly dependent on restricting civil liberties. The state did not guarantee the right to actively live a normal life consistent with the restrictions on freedoms. Furthermore, infectious disease prevention measures limit personal information and provide grounds for compulsory disposition, but they are insufficient in protecting vulnerable groups. During quarantine, the lives of people that are not revealed by statistics are neglected. The pandemic creates difficulties by only focusing on infectious disease prevention measures. Therefore, the legal system must guarantee various rights in coping with social disasters, and this strongly calls for a paradigm shift of the constitution. There is a limit only on state actions that are centered on punishment and discipline. Accordingly, a pandemic is not a matter affecting individual circumstances but, rather, a constitutional task that requires changes in various state functions.
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KEYWORD
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infectious disease, epidemics, human rights, Constitution, right to dignity in life
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