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18 May 2009
Humanitarian Resource Institute
Phone: (203) 668-0282
Url: www.humanitarian.net
Global Arts Integration Into Education Initiative
Url: www.unarts.org
WHO: H1N1
Travel - Concert Canceled - Artists Subject to Health Screenings
During the last few days, the entertainment industry has been impacted
by the challenges associated with the World Health Organization Level 5:
Influenza A H1N1:
Due to significant
gaps in surveillance, and exposure to the pathogen that has a 24 hour to
7 day incubation period, it is advised that potential legal challenges
be sorted out, with contingencies, before an artist places themselves at
risk....
We currently need an overview of H1N1 Screening and Quarantine issues,
by the U.S. State Department, that apply to international travel:
During the SARS outbreak in 2003, I compiled a paper entitled "International Law, Communicable Diseases and the Geopolitical
Objective of Minimal Interference with World Trade and Travel,"
Humanitarian Resource Institute Legal Resource Center, 5 May 2003)
that served as a starting point for changes in the WHO
International Health Regulations, but key challenges still apply (just
replace Influenza A H1N1 for SARS):
..countries do have the legal right to infringe on civil
and political rights for public health purposes. The use of isolation and
quarantine by governments to stop the spread of SARS is not, therefore illegal
per se under international human rights law. The rights of groups can overide
the rights of individuals (Siracusa Principles) (1) when used as a last resort,
(2) when provided for in the law, (3) when shown to be in the legitimate
public interest, (4) when found to be strictly necessary, without less intrusive
or restrictive means available to achieve the same end, and (5) when not
imposed arbitrarily.
In the
context of present international travel related risks, the US State Department:
Severe Acute Respiratory Syndrome (SARS) Public Announcement (current as
of Wed May 07 04:43:44 2003. ), has provided the following guidance:
The CDC
and the World Health Organization (WHO) are tracking SARS’ origin and method
of transmission as well as determining how its spread can be contained.
SARS has severely taxed health care systems in affected countries; neighboring
countries have curtailed flights in and out of affected locations and blocked
transfer of SARS patients for medical care. In light of the continually
evolving nature of the geographic spread of SARS, American citizens should
regularly consult the CDC’s website (www.cdc.gov)
and the WHO’s website (www.who.int) for updates.
"Strong
efforts are being made to contain SARS. Some countries have implemented
measures such as mandatory screening of incoming passengers at airports,
and persons with SARS-like symptoms may be quarantined and/or sent to designated
hospitals until the authorities are satisfied they do not have SARS.
Medical
evacuation of SARS patients remains problematic. Securing transport and
locating a destination willing to accept such patients is difficult, if
not impossible. Since medical evacuation possibilities may change, family
members of SARS patients may wish to consult with the nearest U.S. Embassy/Consulate
General for the latest information."
Related:
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Stephen M. Apatow
Founder, Director of Research and Development
Pathobiologics
International
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Humanitarian Resource Institute
Legal Resource and Assistance Center
The Humanitarian Resource Institute Legal
Resource and Assistance Center provides access
to initiatives that include the Consumer's Guide
to Legal Help on the Internet (American Bar Association
- Free Legal Help, Self Help, Legal Aid), Pro Bono Legal
Assistance (United States and International), and online
tools for legal research.
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