Public Health Law in a New Century. Part III: Public Health Regulation: A Systematic Evaluation
Gostin, Lawrence O.
JAMA. 2000 Jun 21; 283(23): 3118-3122.
Public health interventions need justification because they intrude on individual rights and incur economic costs. Coercive interventions can be justified in only 3 cases: to avert a risk of serious harm to other persons, to protect the welfare of incompetent persons, and, most controversially, to prevent a risk to the person himself/herself. This article proposes a systematic evaluation of public health regulation. The article recommends that public health authorities should bear the burden of justification and, therefore, should demonstrate (1) a significant risk based on scientific evidence; (2) the intervention's effectiveness by showing a reasonable fit between means and ends; (3) that economic costs are reasonable; (4) that human rights burdens are reasonable; and (5) that benefits, costs, and burdens are fairly distributed. The 3 articles in this series have sought to provide a fuller understanding of the varied ways in which law can advance the public's health. Public health law should be seen broadly as the government's power and responsibility to ensure the conditions for the population's health. As such, public health law has transcending importance in how we think about government, politics, and policy. JAMA. 2000.
Autonomy; Costs and Benefits; Evaluation; Government; Government Regulation; Harm; Health; Human Rights; Illness; Law; Legal Rights; Paternalism; Politics; Public Health; Public Policy; Power; Regulation; Resource Allocation; Rights; Risk; Risks and Benefits; Self Induced Illness; Vulnerable Populations;
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Gostin, Lawrence O. (2000-06-14)The Constitution allocates public health powers among the federal government and the states. Federal public health powers include the authority to tax, spend, and regulate interstate commerce. These powers enable the federal ...