The ethical and legal complexities of coercive measures to prevent the spread of COVID-19
ABCMany thoughtful Australians, from all occupations, generations, and social circumstances, and a wide spectrum of political beliefs, are asking questions that raise serious ethical issues in relation to how we are and should be dealing with the COVID-19 pandemic. It has two legitimate powers relevant to dealing with the COVID-19 pandemic: the “parens patriae” power and the “police power”. “Police” power The state’s other power relevant to protecting public health is the “police” power. In implementing that order through using its police power, the state fulfils its “parens patriae” duties to protect vulnerable people unable to protect themselves. Conflicts of values and of rights The problem for “progressive values” adherents in the state’s use of its police power is that their overriding governing principle of respect for individuals’ rights to control and choose what happens to them — that is, the dominance of “expressive or radical individualism” and rights to individual autonomy — is challenged.