Influenza Pandemic Preparedness: Ethical and Legal Considerations

This essay explores the ethical and legal considerations surrounding influenza pandemic preparedness and response. It addresses key issues such as balancing individual freedoms with public health concerns, the responsibilities of infected individuals and authorities, the allocation of scarce resources, and the use of emergency powers and coercive regulations. The essay emphasizes the importance of ethical principles like equity, freedom, reciprocity, and solidarity in policymaking, while also considering legal frameworks and international health regulations. It further discusses the roles of various stakeholders, including governments, healthcare sectors, communities, and the World Health Organization, in managing and mitigating the impact of influenza pandemics. The essay concludes with recommendations for policymakers to focus on research and policy development to effectively contain such diseases, highlighting the need for regular updates to address the evolving nature of influenza and other contagious diseases. Desklib offers more resources and solved assignments for students.

Last Name 1
Name
Course
Professor
Date
Influenza Pandemic
Introduction
Preparedness planning and response for an influenza pandemic entails balancing
fundamentally conflicting personal along with community concerns. In emergency cases, the
pleasure of the personal human rights along with civil freedoms can have been restricted in the
public concern. Therefore, in trying to balance the competing interests together with the values,
policymakers may draw on ethical standards as instruments for assessing competing interests, as
well as for reaching suitable decisions. The ethics do not offer a prescribed set of polices; rather,
ethical considerations would be influenced by the domestic background along with cultural
values. Thus, the principles of equity, freedom, reciprocity, as well as solidarity are particularly
important in the background of influenza pandemic preparedness planning (Bailey et al. 3112).
Influenza
Influenza (flu) is a contagious respiratory illness that is caused by flu, which affect throat,
nose, and in some instances the lungs. Influenza may cause mild to severe illness and sometimes
may result in death. Influenza is transmitted in two ways: person-to-person and environmental.
Person-to-person spread entails the virus moving from one individuals to other persons

Last Name 2
coughing, as well as sneezing, transmitting communicable droplets of respiratory discharge that
are breathed in through vulnerable people. Environmental spread may be direct or indirect
through contaminated surfaces spread through animals, or nuclei air droplets. In addition, flu
attacks starts when breathed in droplets of the flu virus are found in the discharge of the
respiratory strip. Thus, the spread frequency of the infection relies on diverse dynamics that
include overcrowding, virus endurance as well as transfer, situation of the setting, along with the
degree of susceptibility; that is, the immunity, age, season and smoking (Emanuel & Wertheimer
854).
Pandemic
Pandemic is an occurrence in a community or a given region of instances of a disease,
particular health-connected behavior or other health-connected occurrences apparently in the
surplus of usual expectation. Therefore, a pandemic is an endemic that occurs globally or across
the vast region transversing global borders, as well as impacts a huge populace. It is an epidemic
of an infectious disease like influenza or flu, which has spread across a vast region; for example
many continents or even globally.
Potential Influenza Pandemic and Population Health Risk
Influenza pandemic poses a grave health danger to the population around the world due
to its incidence is not predictable and the majority of the individuals cannot know the current
immunity to the novel virus strain resulting in the epidemic. The pace at which the 2009 H1N1
virus swell from Mexico to other parts of the world within the shortest time was unparalleled for
the illness considered mild. Nonetheless, it is apparent that the global transmission of the virus

Last Name 3
from one individual to another is easily promoted by commuter travel through air. Whilst
influenza pandemic may cause a huge percentage of disease, as well as death over a huge
geological area and in the shortest period, the unfavorable impacts along with the human
suffering (that include economic trouble)are probable to be faced disproportionately by
susceptible and “at risk” populace, especially in developing nations. Poor nations are at elevated
risk due to the restricted access to prevention along with the healing interventions besides huge
subpopulations are specifically prone during the flu epidemic due to their fundamental wellbeing
conditions (Gostin 566).
Key Stakeholders in Response Planning and Implementation
Government
The government plays a leading role in response planning and implementation of the
influenza pandemic through the government leadership. The government is the innate chief for
general harmonization along with communication endeavors. The government identifies, appoint
and guide the coordinating agencies for influenza pandemic awareness plus response; ratify or
change laws and policies that are needed to maximize plus sustain pandemic response planning
and implementation, capacity development along with response efforts across all sectors. The
government prioritizes, as well as guide the allotment along with targeting of resources to attain
the objectives as stated in the nation’s influenza pandemic awareness plan. Furthermore, the state
has the role of providing resources along with technical support to nations facing the spread of
influenza. Also, the government has the role of providing extra resources for nationwide
pandemic preparedness plus response and response interventions (Holmberg &Lundgren 423).

Last Name 4
Health Sector
The heath sector (comprising public health plus both public along with private healthcare
services provide the needed leadership, as well as encouragement responsibility in influenza
epidemic awareness in addition to response implementation. The health segment offer leaders
and leadership on the activities required plus promoting responsiveness of the hazard plus
prospective wellbeing outcomes of an influenza pandemic. The sector provides and prioritize
healthcare during an influenza epidemic. The sector further enacts measures to lower the
transmission of influenza pandemic in the public in addition to in healthcare facilities and
safeguard plus support healthcare employees in event of outbreak epidemic (Verweij 160).
Communities, Families and Individuals
Civil society organizations have an intimate in addition to direct relationships with the
societies are regularly well-places to promote responsiveness and communicate precise data,
counter rumors , offer the required services, as well as coordinate with the state in an emergency.
These groups recognize their strengths in addition to prospective responsibilities plus in
collaboration with local governments along with other local bodies, organize for the activities
they would undertake during an epidemic (Kotalik 422).
Individuals and Families
Thus, during an influenza plague, it is crucial that families to make sure that they have
entrée to correct information, water, food, plus treatments. For households, access to accurate
data from sources, like World Health Organization (WHO) along with local in addition to
national governments will be important. People, particularly those who have improved from

Last Name 5
influenza epidemic, can judge volunteering with an ordered team to help other in the society.
Since influenza is spread from one individual to another, the acceptance of persons plus families
interventions, like covering coughs along with sneezes, hand washing, as well as intentional
isolation of individuals with respiratory diseases can stop additions spread of the disease (Malm
et al. 11).
World Health Organization (WHO)
World Health Organization has the mandate to work with Member States across a wide
range of actions that include synchronization under the provisions of the IHR (2005), description
of worldwide pandemic stages, switching to influenza epidemic vaccine creation. World Health
Organization also coordinates rapid response along with control operation plus offering timely
assessments of pandemic severity (Bennett & Carney 106).
Ethical and Legal Concerns around Key Issues
Responsibilities of an Infected Person
Several individuals with pandemic influenza should seek medical assistance when they
are affected. The patients suffering from influenza will need basic medical along with nursing
care, which include treatment directed to relief the symptoms. Therefore, there are rules that
govern the termination of treatment for persons suffering from influenza epidemic along with
conditions; therefore, some patients may have entrée to inadequate resources, like mechanically-
assisted breathing. There are also some legal concerns on how to ensure that all the patients
affected by the disease should be assisted and ensure they get the needed treatment and
medications (Lo & Katz 493).

Last Name 6
Duty of Authorities to Treat
The authorities that include the government, healthcare sector and non-governmental
organizations have the responsibility of making sure that they have a duty to provide medical
assistance and other forms of assistance for the people affected by influenza pandemic. The
authorities have the duty to minimize the burden of the influenza pandemic on individuals
affected; however, they should do so in a manner that is respectful to freedoms and rights. The
authorities are obligated to balance the concerns of the affected people plus their rights during
the implementation of the public health measures that include isolation (Selgelid 255). Whilst
these measures may legitimately be attempted to holdup the transmission of the disease or
alleviate the effect of an influenza epidemic, the trouble they put on people liberties and rights
need that they use be cautiously restricted and controlled to situations where they are rationally
anticipated to offer a vital public health advantage. In addition, with suitable international
financial along with technical assistance, the authorities must develop center capacities for public
health examination plus response that adhere to the global health roles in the model of the IHR
2005. The authorities must too review the current public health laws to ensure that they offer
suitable actions, which can be essential in the eventuality of public health emergency (Gostin
556).
Allocation of Potentially Scarce Resources
Whilst all nations should undertake reasonable endeavors to organize for the influenza
pandemic, variations in entrée to resources imply that what is rational for one nation cannot be
rational for another. Thus, in developing nations, scarce resources, as well as immediate

Last Name 7
healthcare needs can make it hard to develop, as well as execute all-inclusive strategies. In some
instances, it can be hard to produce resources through utilizing available finances more
adequately. Furthermore, some measures, like developing culturally-sensitive communication
approaches, can be attainable with comparatively minimal commitment of resources.
Nonetheless, at some instances, some nations would have to make hard choices regarding the
comparative burden to be given to epidemic attentiveness compared to other vital public health
concerns, like malaria and HIV. Thus, these processes of resource allocation must be informed
by a process of public participation and their foundation must be apparently communicated to the
general public (Morrison 259).
Emergency Powers and Coercive Regulation
Isolation, quarantine, boundary control, as well as social-distancing measures are
important towards ensuring that the influenza pandemic has been contained to stop the spread
during emergency. These measures have been found to breach the individuals’ freedoms and
rights because the measures are viewed as inappropriate using ethical frameworks. The
limitations of the rights of the individual during emergency cases should be done in line with the
law; founded on, legitimate objective, strictly essential in a democratic humanity; the least
restraining along with invasive means accessible; and not subjective, discriminatory, or
unreasonable. Policy-makers must pay precise attention to population groups, which are most
prone to discrimination, stigmatization, quarantine, or isolation, comprising racial plus ethnic
minorities, old individuals, disabled people, immigrants plus the homeless (Ferguson et al. 449).
Summary

Last Name 8
Influenza is a serious disease that can spread fast within the population and people cannot
easily detect the condition. When it comes to the public good on influenza pandemic, it is
apparent that personal freedom are outweighed by public good because personal freedom will
not amount to assisting the many individuals that suffer.
Recommendations
 The government and other stakeholder should consider focusing more on research on the
policies on the management of influenza pandemic to help contain the disease. The
research policy should be done on a regular basis because of the changing nature of the
disease that will allow policymakers and government to develop appropriate measures to
stop the spread of contagious disease in the world.

Last Name 9
Works Cited
Bailey, T., Haines, C., Rosychuk, R., Marrie, T., Yonge, O., Lake, R., Herman, B. & Ammann,
M. Public engagement on ethical principles in allocating scarce resources during an
influenza pandemic. Vaccine, 2011; 29(17):3111-3117
Bennett, B. & Carney, T. Law, ethics and pandemic preparedness: the importance of cross-
jurisdictional and cross-cultural perspectives. Australian and New Zealand Journal of
Public Health, 2010; 34(2):106-112.
Bennett, B. Legal rights during pandemics: federalism, rights and public health laws - a view
from Australia. Public Health, 2009; 123, 232-236.
Emanuel EJ, & Wertheimer A. Public health: Who should get influenza vaccine when not all
can? Science. 2006;312(5775):854–855.
Ferguson NM, Cummings DA, Fraser C, Cajka JC, Cooley PC,& Burke DS. Strategies for
mitigating an influenza pandemic. Nature. 2006;442(7101):448–452.
Gostin LO. Medical countermeasures for pandemic influenza: Ethics and the law. Journal of the
American Medical Association. 2006;295(5):554–556.
Gostin LO. Pandemic influenza: Public health preparedness for the next global health
emergency. Journal of Law, Medicine, and Ethics. 2004;32(4):565–573.
Holmberg, M. & Lundgren, B. Framing post-pandemic preparedness: Comparing eight
European plans. Global Public Health, 2016; 13(1):99-114.

Last Name 10
Kotalik, J. Preparing for an influenza pandemic: ethical issues. Bioethics, 2005. 19(4), 422-
431.
Lo B, & Katz MH. Clinical decision making during public health emergencies: Ethical
considerations. Annals of Internal Medicine. 2005;143(7):493–498.
Malm, H., May, T., Francis, L.P., Omer, S.B., Salmon, D.A., & Hood, R. Ethics, Pandemics,
and the duty to treat. American Journal of Bioethics, 2008; 8(8), 4-19.
Morrison, L.G. What infection control measures will people carry out to reduce transmission
of pandemic influenza? A focus group study. BMC Public Health, 2009; 9:258-260.
Selgelid, M.J. Pandethics. Public Health. 2009, 123(3), 255–259.
Verweij, M. Moral principles for allocating scarce medical resources in an influenza
pandemic. Bioethical Inquiry, 2009; 6(2), 159 -169.