Governments Abuse Power We Give Them. What Can We Do In Case of Emergency?

WCH published a Legal Brief titled "Preventing the Abuse of Public Health Emergencies". It outlines lawful criteria for declaring a state of emergency. We need to know them to challenge power grabs

The World Council for Health (WCH) has expressed concerns regarding the misuse of public health emergencies to impose excessive measures that infringe upon individual rights and freedoms. In response, WCH published a ground breaking Legal Brief titled "Preventing the Abuse of Public Health Emergencies," which outlines the lawful criteria for declaring a state of emergency.

Key Criteria for Declaring a State of Emergency:

1. Existence of an Extraordinary Event: A state of emergency should only be declared in response to an event that poses a significant threat to public health, safety, or order. This event must be extraordinary, meaning it is serious, sudden, unusual, or unexpected.

2. Legal Framework: The declaration must be grounded in a clear legal framework that defines the scope, duration, and limitations of the emergency powers to be exercised. This ensures that any measures taken are lawful and subject to oversight.

3. Necessity and Proportionality: Measures implemented during a state of emergency must be necessary to address the specific threat and proportionate to the severity of the situation. This principle prevents the imposition of excessive or unrelated restrictions.

4. Time Limitation: Emergency declarations should be time-bound, with a clear end date or criteria for termination. This prevents the indefinite extension of emergency powers.

5. Protection of Fundamental Rights: Even during emergencies, certain fundamental rights must remain protected. Any restrictions should be carefully considered to avoid unnecessary infringement on individual freedoms.

6. Transparency and Accountability: Authorities must maintain transparency about the reasons for declaring a state of emergency and the measures being implemented. Regular reporting and oversight mechanisms should be in place to hold decision-makers accountable.

Concerns Highlighted by WCH:

WCH warns against the potential for governments to exploit public health emergencies to impose authoritarian measures that may not be justified by the actual threat level. They emphasize the importance of adhering to established legal criteria to prevent the erosion of civil liberties under the guise of emergency response.

Recommendations:

• Public Awareness: Citizens should be informed about their rights and the legal standards governing emergency declarations to ensure they can hold authorities accountable.

• Legal Safeguards: Legislative bodies should establish and enforce clear legal criteria for declaring states of emergency, including provisions for judicial review.

• International Standards: Countries should adhere to international guidelines, such as those provided organisations not compromised by funding and conflicts of interest.

By following these guidelines, governments can effectively respond to public health emergencies without compromising the rule of law or individual freedoms. The WCH's Legal Brief serves as a crucial resource in promoting lawful and ethical emergency responses.

For more information and to download the Legal Brief, you can access here

I enjoyed working on the project and thank Prof Willem van Aardt for driving it.

Read the WCH Australia Substack article on this subject and download the flyers!