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Decisive Measures |
China puts people's lives and health first in the fight against COVID-19 |
By Shi Yan'an | VOL.12 April ·2020-04-03 |
Right to social development
These government measures are also in line with the principle of proportionality as emphasized by administrative law in the modern rule of law. It stipulates that before taking an administrative action, a government must consider the balance between public and personal interests. When a public interest of great significance is at huge risk, personal interests must take second place. However, this does not mean personal interests will be completely abandoned or neglected.
Individuals' daily lives, production and activities will inevitably be affected, but such disturbances should be reduced as much as possible. The flu occurs every fall and winter in China, but because there is adequate medical treatment to address the situation, the government will never adopt such extraordinary measures as isolation. In the face of COVID-19, which has no vaccine but has strong rate of transmission, the consequences would be unimaginable if the outbreak spun out of control.
The government adopted isolation measures after weighing the gains and losses, even when the losses appeared great. Cases of social havoc caused by plagues in Chinese history also remind us to build consensus and pool our resources to control the damage a virus can cause and to safeguard citizens' rights to social development.
There have been some cases of people refusing to cooperate once in isolation and of others resisting isolation with violence and threats. Such behaviors are of great social harm since they severely obstruct disease control. Particularly, resistance of isolation by suspected or confirmed patients may spread the virus and endanger the health of many others. Isolation in accordance with law is part of the public order during an outbreak period, so obstruction of these measures is also a blow to the public order.
To ensure orderly disease control, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued a guideline on February 10 on punishment for deliberate virus spreaders. The guideline says people confirmed to be carrying the virus could be charged with endangering public security if they refused to be quarantined or leave quarantine early and enter public places or take public transportation. According to China's Criminal Law, this will carry a heavy sentence.
Right to a safe social environment
Security is an important public product in a society and must be provided by a responsible and capable government. In the face of a pandemic, a government needs to do its best to provide a safe social environment for its public, protect people's health, and avoid public panic or society being torn apart. This really safeguards human rights and people's interests. Human rights are protected through practice and real actions and not by empty words and groundless criticism. Being an onlooker and making no contributions to the fight against the pandemic is not a real human rights practice.
In instances where there has been malpractice involving local government staff during quarantine work, these cases are fully reported by Chinese media and perperpetrators strictly punished and corrected by the government. However, some of these cases are exaggerated as violations of human rights and spread via social networks as an excuse to attack the Chinese Government. Full of malice, such views will not only lead to misunderstandings about the anti-pandemic work, but also encourage more discrimination against the Chinese in foreign countries.
The epidemic will not last long. When prosperity resumes, people will cherish social security more, including health security, and they will feel thankful for such resolute containment measures.
The author is a law professor at Renmin University of China
Comments to zanjifang@chinafrica.cn
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