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188 International Multi. J. of PURE LIFE. 9 (31): 183-230, Summer 2022
individuals. This is unavoidable, in practice the political
as such diseases can spread regime changes from a rule
from one infected person to of law to an authoritarian
another. Thus, we need to system, the actions taken
have a clearer understanding will not be easily justified,
of the moral dilemmas because without the
regarding the prevention guarantee of fundamental
and treatment of infectious rights, even the Constitution
diseases and the control of will not make sense. Any
such diseases, in respect of society in which the
individual rights in the face guarantee of rights is not
of public protection. As a assured, nor the separation
result, there is a fundamental of powers determined, has
tension between individual no Constitution. (Declaration
rights and the protection of of the Rights of Man and of
public health and well-being the Citizen, 1789, Article 16)
in the prevention, treatment In this section, we will
and control of communicable explain the various principles
diseases. (Phua, 2013) that justify the Government's
If the quantity and quality liability for infectious diseases.
of restrictions on the
1. The Right to Life
guarantee of fundamental The right to life as the most
rights are such that the fundamental human value
principle of a democratic will have the consequence
system is overshadowed and
of human rights that no