The Triumph of Human Rights? The Constitutional Controversies of Travel Restrictions on Medical Personnel
The spread of severe pneumonia with novel pathogens (COVID-19) causes worldwide casualties this year, and Taiwan’s success in epidemic prevention has made her a model in the eyes of the occidental countries. However, many of Taiwan’s epidemic prevention measures, including the travel restrictions on medical personnel put in practice in February, are controversial in terms of human rights. These policies are retrospective, and suspicious of unconstitutionality in contravening the principle of clarity and the principle of proportionality. To make up for its deficiency, it is necessary for the President to issue emergency decrees or the Legislative Yuan to revise the Special Act with all despatch, lest we win the war against the epidemic but fail to strike a balance with protecting human rights.