On The Conflict And Coordination Of The Right To Health Protection In Major Epidemic Prevention And Control

The COVID-19 outbreak is the most serious global public health emergency experienced by mankind since the end of the Second World War.It is also a "human rights test".It is the most important human rights responsibility of the government to take scientific measures to prevent and control the epidemic and make every effort to ensure the health and safety of the people.Safeguarding public health and safeguarding civil rights are the two basic value goals of epidemic prevention and control,as well as a pair of contradictions and focus issues throughout the epidemic prevention and control process and all links.However,in the sudden public health events caused by the epidemic,the protection of the right to health has encountered greater challenges than in normal times,and epidemic prevention and control has brought new challenges to the traditional system of fundamental rights.Public health and civil rights are not only different in value and interest,but also unified in purpose and means.Effectively resolving the conflict between the right to public health and the rights of citizens is not only an important issue to be solved in epidemic prevention and control,but also one of the important ways to ensure the realization of the right to health.During epidemic prevention and control,not only the lives and health of all citizens,but also the rights of individual citizens to health,liberty,privacy and other major rights should be protected.The government must exercise its power within its limited scope of responsibility.First of all,we need to fully understand the connotation of the right to health,the scope of protection,and the special features of the right to health protection in epidemic prevention and control,so as to take better measures to protect the right to health.Secondly,from the three aspects of the conflict between the right to public health and the right to individual health,liberty and privacy,the paper introduces the manifestation of the conflict and the feasibility and rationality of restricting the right to individual health,liberty and privacy in order to protect the right to public health.Thirdly,based on the analysis of the reasons for the essence of right conflicts,and demonstrates the rights conflict to form varied,its essence is the conflict of interest and value conflict,the reasons include insufficient total amount of health resources,unclear position of rights,increasing awareness of civil rights,excessive exercise of public power and so on.Finally,from two aspects of basic principles and concrete measures for protection and health to provide coordination mechanisms for conflict resolution,in the public interest maximization principle as the highest principle to solve the problem of rights conflict,through the right status principle clear the sequence of all rights,reasonable limit the rights of the citizens to use the principle of proportion and prescribed by law,administrative procedure,relief measures to perfect the protection of citizens’ personal rights,at the same time of protecting public health right as far as possible avoid reductions of citizens’ rights,prevent the pointer to the public the right to health too much side of the scales off.The study on the conflict and coordination of the rights in the protection of the right to health will provide some reference and inspiration for China when it encounters sudden public health events in the future.On the construction of the rule of law,we should balance the human rights and the rights of the government,so that the restrictive measures taken by the government should be controlled within a reasonable range and the restrictions on the civil rights should be controlled within the acceptable range of the citizens.In the process of preventing and controlling novel coronavirus,all the people unite together to find a way to repel it,rather than relying only on the power of government.