Журнал. World association for medical law. The COVID-19 pandemic. Volume 39 2

353 World Association for Medical Law Medicine and Law MAKING THE PUBLIC HEALTH MANDATE WORK: COVID-19 AND THE CHALLENGES REVEALED IN THE UK Professor Nicola Glover-Thomas* Abstract: Any mandate to protect the health of the public is inherently moral. It creates a clear obligation for the state to provide the necessary care for the well-being of all members of society. The collective benefit trumps individual choice. Where such a mandate exists, there is also power to do whatever is necessary to achieve the aims of the mandate. The arrival of the COVID-19 pandemic has brought these tensions within public health to the fore. The UK government has acquired unprecedented powers to manage the pandemic under the Coronavirus Act 2020. This paper examines this legislation and evaluates the system failures and successes that have been revealed by the pandemic. Keywords: COVID-19; UK; Coronavirus Act; Discrimination; Pandemic; Public Health Introduction This paper will consider the impact of the COVID-19 crisis in the UK and the legal responses initiated to respond to it. As COVID-19 continues to take hold around the world, the UK government has acquired unprecedented powers in order to manage the pandemic. 1 The COVID-19 outbreak is without doubt an emergency and one which currently remains unquantifiable in terms of its eventual impact. Entire populations are at risk from the disease and some population groups, such as the elderly and those with underlying health conditions, are particularly at risk. * University of Manchester Law School, Williamson Building, Oxford Road, Manchester, M13 9PL. Nicola.glover-thomas@manchester.ac.uk 1 The World Health Organisation (WHO) defines a pandemic as the worldwide spread of a new disease. See, https://www.who.int/csr/disease/swineflu/frequently_asked_questions/ pandemic/en/ (Accessed: 03/04/2020) Med Law (2020) 39:2:353-368