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W/ #HerdImmunity, UK govt put in risk lives of hundreds of thousands of people. Its choice of policy, & negligent action that followed from it, raise potential liability and should be investigated in the future.
My interview w/ @iandritsopoulos in @ta_nea.
#CoronavirusPandemic
My interview w/ @iandritsopoulos in @ta_nea.
#CoronavirusPandemic
2. Driven by a utilitarian logic, Govt seems to have put in the balance the economic cost of a potential lockdown, on the one hand, and the inevitable loss of people (a few thousand? hundreds of thousands?) on the other, and, found that the former weighed more heavily.
#COVID19
#COVID19
3. This despite the fact that we knew (still know) very little about the virus; what age groups it affects the most (to what degree are young(er) people safe against it)? whether you get immunity? If yes, how long it lasts?
4. Calling out on those who defended idea of #herdimmunity is not just an academic exercise. TODAY @thetimes report this from senior scientific Govt adviser: Govt “painted itself into a corner [...] w/ no clear exit strategy" & "needs to reconsider herd immunity".via @Smyth_Chris
![4. Calling out on those who defended idea of #herdimmunity is not just an academic exercise. TODAY @thetimes report this from senior scientific Govt adviser: Govt “painted itself into a corner [...] w/ no clear exit strategy" & "needs to reconsider herd immunity".via @Smyth_Chris](https://pbs.twimg.com/media/EUxUGCvWsAEZbhD.jpg "4. Calling out on those who defended idea of #herdimmunity is not just an academic exercise. TODAY @thetimes report this from senior scientific Govt adviser: Govt “painted itself into a corner [...] w/ no clear exit strategy\" & \"needs to reconsider herd immunity\".via @Smyth_Chris")
5. This is of interest too, from yesterday's @guardian, by Anthony Costello @globalhlthtwit: "Despite what Matt Hancock says, the Govt's policy is still #herdimmunity" https://www.theguardian.com/commentisfree/2020/apr/03/matt-hancock-government-policy-herd-immunity-community-surveillance-covid-19?CMP=share_btn_tw
Costello is Prof of global health at UCL & former dir of maternal/child health at WHO.
Costello is Prof of global health at UCL & former dir of maternal/child health at WHO.
6. On the utilitarian logic that has informed the Government's response to the #COVID19 crisis, @JonathanCoopr's recent work is a must-read, eg via @OxHRH: http://ohrh.law.ox.ac.uk/dignity-the-right-to-life-and-the-coronavirus/
@DoughtyStPublic #coronavirus
@DoughtyStPublic #coronavirus
7. Jonathan's appeal to human dignity raises thought-provoking Qs abt UK constitutional law isolationism, & divergence from Cont Europe, all the more so in light of continued Conservative govt antipathy towards Human Rights Act & #ECHR.
Also via @thetimes https://www.thetimes.co.uk/article/between-covid-19-and-windrush-its-clear-this-government-lacks-a-heart-vttzrrmdp
Also via @thetimes https://www.thetimes.co.uk/article/between-covid-19-and-windrush-its-clear-this-government-lacks-a-heart-vttzrrmdp
8. Human rights must be at centre of state responses to the pandemic. It's not been the case for UK govt so far.
Art 2 ECHR imposes positive duty upon Govt to take appropriate measures to safeguard life. W/ herd immunity, UK was arguably refraining from taking such measures.
Art 2 ECHR imposes positive duty upon Govt to take appropriate measures to safeguard life. W/ herd immunity, UK was arguably refraining from taking such measures.
9. Prof @dzehtsiarou considers #HerdImmunity from angle of Art 2 ECHR: https://strasbourgobservers.com/2020/03/27/covid-19-and-the-european-convention-on-human-rights/
I agree that causal link betw govt acts/omissions & deaths would be difficult to establish.But I wonder whether Court would contrast w/ strict measures by majority of European countries
I agree that causal link betw govt acts/omissions & deaths would be difficult to establish.But I wonder whether Court would contrast w/ strict measures by majority of European countries
10. There is wide scope to apply Art 2 ECHR in connection w/ omissions that may have followed from #HerdImmunity, ie lack of preparedness of the country and NHS. Excellent analysis on Art 2 duties re eg healthcare professionals by @estubbinsbates http://opiniojuris.org/2020/04/01/covid-19-symposium-article-2-echrs-positive-obligations-how-can-human-rights-law-inform-the-protection-of-health-care-personnel-and-vulnerable-patients-in-the-covid-19-pandemic/
11. On potential govt liability on #CoronavirusPandemic-incl criminal & civil liability-I read w/ great interest thoughts of @philippesands. A fellow criminal law scholar suggested liability on basis of R v Woollin; imo extremely difficult to establish oblique intention though.
12. On how Art 2 #ECHR could be proactively engaged, this, from Northern Ireland, is a good example:
"Coronavirus: Parents of children with health issues launch legal bid to have Northern Ireland schools closed" https://www.belfasttelegraph.co.uk/news/health/coronavirus/coronavirus-parents-of-children-with-health-issues-launch-legal-bid-to-have-northern-ireland-schools-closed-39046274.html
#coronavirus #Covid_19
"Coronavirus: Parents of children with health issues launch legal bid to have Northern Ireland schools closed" https://www.belfasttelegraph.co.uk/news/health/coronavirus/coronavirus-parents-of-children-with-health-issues-launch-legal-bid-to-have-northern-ireland-schools-closed-39046274.html
#coronavirus #Covid_19
13. As a footnote: yes, this is a major crisis & we need to hold back on criticism. BUT lives are at stake.
Let's also take example of France: doctors have already gone to @Conseil_Etat eg to hold govt to account for having not ordered sufficient masks (Court found against them).
Let's also take example of France: doctors have already gone to @Conseil_Etat eg to hold govt to account for having not ordered sufficient masks (Court found against them).
14. I read @Conseil_Etat (CdE) judgment. Fascinating in its detail, eg re number of masks: 117 million surgical masks, but no stock of FFP2.
Nurses' association asked CdE to order State to take urgent measures. CdE found for State, as it had already done so.
#coronavirusuk ...
Nurses' association asked CdE to order State to take urgent measures. CdE found for State, as it had already done so.
#coronavirusuk ...
15. [...] @Conseil_Etat found that French govt had signed contracts - eg w/ China - that would secure 24 million masks every week, and was progressively increasing capacity to produce them in France, at a rate of 6-8 million per week (half of which would be FFP2, ready by April).
16. I'm looking at a report by the scientific group on behaviour (SPI-B) (from March 4) (earlier on I cited report by group on modelling: SPI-M).
I am struggling w/ a few things there, particularly on school closures [...]
(Link to report: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873726/04-spi-b-insights-on-combined-behavioural-and-social-interventions.pdf)
#COVID2019
 #COVID2019](https://pbs.twimg.com/media/EUzGD7PWAAE_F2m.jpg "16. I'm looking at a report by the scientific group on behaviour (SPI-B) (from March 4) (earlier on I cited report by group on modelling: SPI-M). I am struggling w/ a few things there, particularly on school closures [...](Link to report: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873726/04-spi-b-insights-on-combined-behavioural-and-social-interventions.pdf) #COVID2019")
I am struggling w/ a few things there, particularly on school closures [...]
(Link to report: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873726/04-spi-b-insights-on-combined-behavioural-and-social-interventions.pdf)
#COVID2019
17. First of all, this (in pic).
How can these incommensurate values be put in balance:LIVES of 65+ vs ability of parents to go to work.
Of course, when closure was decided, relevant children (eg those whose parents were critical workers) were allowed to continue to go to school
How can these incommensurate values be put in balance:LIVES of 65+ vs ability of parents to go to work.
Of course, when closure was decided, relevant children (eg those whose parents were critical workers) were allowed to continue to go to school
18. Similarly perplexing is this. To justify not closing schools, the SPI-B group cites Japan, only. I am no behavioural scientist, but as someone w/ expertise on the comparative method, I am quite puzzled as to why Japan is so pertinent to the UK and only point of reference here
19. Also striking in SPI-B report is the view that measure of isolating at-risk groups only (eg 65s+) could be made acceptable to these groups by explaining to them that 'other members of the community are building some immunity'. Put simply, #HerdImmunity is good for you.
20. Also note the use of the word 'some' here: 'some immunity'. It implies that #herdimmunity, as a theory, is a fallacy (if no vaccine). We may (or may not) build immunity, by getting exposed. That immunity may (or may not) last. No one knows. We develop 'some immunity' at best.
21. This thread & article in @ta_nea were abt mistakes Govt has made in its response (or lack thereof) to #CoronavirusPandemic (& potential liability).
Intriguing therefore to see new leader of the opposition immediately speak of "serious mistakes" by Govt
https://www.thetimes.co.uk/article/new-labour-leader-sir-keir-starmer-slams-pm-boris-johnsons-serious-mistakes-htkh96z38
Intriguing therefore to see new leader of the opposition immediately speak of "serious mistakes" by Govt
https://www.thetimes.co.uk/article/new-labour-leader-sir-keir-starmer-slams-pm-boris-johnsons-serious-mistakes-htkh96z38
