Swine Flu: Freedom Of Movement During Public Health Emergencies

by Yuliya Talmazan | May 3, 2009 at 11:51 am

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When a pandemic strikes and global public health is at stake, what relevance does the freedom of movement of individuals have? It is one of the basic human rights that all citizens have to be granted with, but faced with a novel virus the spread of which necessitates close human encounters, how do we make sure that we don’t limit people’s freedom of movement while still protecting the health of the world population?

According to Article 3 of the Universal Declaration of Human Rights issued by the United Nations, everyone has the right to life and security. However, Article 13 of the UN Declaration of Human Rights claims everyone also has the right to freedom of movement.

Article 3

* Everyone has the right to life, liberty and security of person.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

But what happens when a person’s right to freedom of movement jeopardizes another person’s right to disease-free life? Is it fair for infected individuals to move around unrestrictedly and spread the disease, threatening the health of other susceptible individuals in the population?

In its 2006 Project on Addressing Ethical Issues in Pandemic Influenza Planning, the World Health Organization states: “Quarantine and isolation should be voluntary whenever possible, and when that is impossible, should be enforced by the least intrusive means available. Research in the aftermath of SARS showed that people understood and accepted the need for restrictive measures. Many perceived it as their civic duty and were willing to sacrifice their right to freedom of movement.”

In its 2007 report on Ethical Considerations In Developing A Public Health Response To Pandemic Influenza, WHO further claims that when it comes to plans for travel restrictions and border controls, one should “respect, to the extent possible, the individual right to freedom of movement.”

It seems the guidelines on handling the individual rights to freedom of movement during influenza pandemics are not very specific. Does that mean that local health officials have to take matters into their own hands when it comes to making individual decisions about restricting someone’s public access?

Students at Slippery Rock University in the United States found themselves in the midst of such a dilemma where they were not allowed to attend their grad ceremony after returning from a trip in Mexico. Twenty two university students will now have a grad ceremony of their own, which the rest of the graduating class will see on a television screen at the main graduation ceremony.

The students, who returned this week after student teaching in Mexico, came back to the United States early because they were worried the border would be closed and they'd miss out on walking at their graduation.

But now, they'll be walking in their own graduation, without any of their classmates, because the college feared they made have been exposed to the H1N1 flu outbreak in Mexico.

The students got the news from the school and received an e-mail from the university's vice president explaining the change.

"The university has received hundreds of calls from students and parents who were worried about being exposed at the commencement ceremonies," the e-mail said. "We have an obligation to protect others from what they perceive is possible exposure to this virus."

The 22 students will get a ceremony unlike anyone else in the school -- and the main graduation will see a video of their ceremony.

"It makes us a little distinguished from the group," Godshall said. "We were already the Mexican group, the swine flu zombies, now it gives us something positive and everyone has to watch our ceremony."

And with a small ceremony, only attended by the 22 students, their family and friends and university officials, senior Ryan Brisini thinks it will be more memorable.

He won't have to sit next to a bunch of people he won't know, and he won't have to endure the lingering theatrics of a regular ceremony.

"I think its kind of cool because when you are with people for an entire month you bond with them, and I can say I'm genuinely excited for everyone graduating, whereas at the main graduation I'd be with a bunch of kids I don't know," he said. "With this I can clap and cheer for everyone and genuinely be happy for them."

Still, some students are upset they will miss out on the grandiose day.

John Powell, who also went on the trip, told CNN affiliate WTAE-TV that the whole reason the group left early was so they could attend.

"It hits me a little bit. It's a necessary evil, separating us. I don't agree with it totally, but I'm not in too big of a position to overturn it," Powell said.

Other schools are planning to make changes in their graduation ceremony plans as well.

Slippery Rock University isn't the only school making changes to graduation ceremonies because of swine flu fears.

Cisco Junior College in West Central Texas is canceling Friday graduation ceremonies. Students will get their diplomas by mail, the college said.

"We understand that many will be disappointed by our decision," college President Colleen Smith said in a statement. "However, we believe that it is more important to protect our students, employees and families than to proceed with graduation ceremonies at this time."

Graduates at Northeastern University in Boston, Massachusetts, will get diplomas at commencement ceremonies Saturday but will have to live without part of the day's tradition.

"Since direct contact is one of the ways flu viruses spread, we have decided to forgo the traditional congratulatory handshake as you come forward to receive your diploma and have your photo taken with your dean," the school told students in a letter posted on its Web site.

Across the country thousands of elementary, middle and high school students are feeling the impact too.

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freewind

at 03:12 on May 4th, 2009

I agree that it is more important to protect students, employees and families than graduation ceremonies. I also feel that the US should have closed it's borders to Mexico when the outbreak started. So far it has been people travelling from Mexico that have spread H1N1 to 20 countries so far. China is the only country that has reacted quickly and stopped flights to and from Mexico.