On the rights protection of vulnerable groups under the prevention and control of a public health crisis: a literature review and perspective for future directions

AuthorZhang Wanhong, Ding Peng
Position(???) Ph.D. in Law, School of Law, Wuhan University, Wuhan, China; Professor, School of Law, Wuhan University; Executive Director, Wuhan University Institute for Human Rights Studies; Research Chair, Wuhan University Academy of International Law and Global Governance, Wuhan 430000, China. Contact: vanhorn@whu.edu.cn - (??) Ph.D. candidate, ...
Pages104-121
FRONTIERS OF LAW IN CHINA
VOL. 16 MARCH 2021 NO. 1
DOI 10.3868/s050-010-021-0006-7
FOCUS
PROTECTION OF VULNERABLE GROUPS DURING COVID-19
ON THE RIGHTS PROTECTION OF VULNERABLE GROUPS UNDER THE
PREVENTION AND CONTROL OF A PUBLIC HEALTH CRISIS: A LITERATURE
REVIEW AND PERSPECTIVE FOR FUTURE DIRECTIONS
ZHANG Wanhong, DING Peng∗∗
Abstract The legal system for prevention and control of a public health crisis rests on
two pillars: human rights protection and good governance. This duality is well illustrated
by substantively equal treatment of vulnerable groups in a pandemic from the
perspectives of public service, social inclusion, accessible environment, gender equality,
and right to health. A review of literature on this topic shows that current research needs
to address the gap between “life supremacy” and “equal protection” in the area of human
rights protection, and the gap between “putting people first” and “strict control at the
grassroots level” in the area of good governance. The research should employ
intersectional methodology to highlight the rights logic of the socialist legal system and
the key role of the Communist Party of China’s leadership in balancing individual versus
community rights, enhancing the governance capability for participation by multiple
social agents, ensuring equal protection for disadvantaged groups, promoting inclusive
and sustainable development, and realizing the common prosperity of all the people.
Keywords rights protection, vulnerable groups, public health crisis, community resilience,
good governance
I. MULTIPLE PERSPECTIVES ON RIGHTS PROTECTION OF VULNERABLE GROUPS IN A
PUBLIC HEALTH CRISIS........................................................................................... 105
A. The Elements of the Legal System for Prevention and Control of Public Health
(󰧿) Ph.D. in Law, School of Law, Wuhan University, Wuhan, China; Professor, School of Law,
Wuhan University; Executive Director, Wuhan University Institute for Human Rights Studies; Research Chair,
Wuhan University Academy of International Law and Global Governance, Wuhan 430000, China. Contact:
vanhorn@whu.edu.cn
∗∗ (󳬤) Ph.D. candidate, School of Law, Wuhan University, Wuhan 430000, China. Contact:
dingpeng@whu.edu.cn
This paper is output of research project “On the Rights Protection of Vulnerable Groups in Pandemic Prevention
and Control” supported by the China Society for Human Rights Studies (project no. CSHRS2020-11YB) a nd
output of Wuhan University Independent Scientific Research Project (Humanities and Social Sciences) (project
no. 2020YJ043) supported by the Fundamental Research Funds for the Central Universities.
2021] ON THE RIGHTS PROTECTION OF VULNERABLE GROUPS 105
Crises: Good Governance and Protection of Rights.......................................... 105
B. Public Services and Social Inclusion: The Perspective of Elderly People ........106
C. Accessible Environment: The Perspective of Persons with Disabilities ........... 108
D. Equal Treatment: The Perspective of Women.................................................... 110
E. Right to Health: The Perspective of Children................................................... 112
II. CRITICAL REFLECTIONS ON THE EXISTING RESEARCH ...........................................113
A. The Rights Logic Connecting the Principles of “Life Supremacy” and “Equal
Protection” Needs to Be Clarified..................................................................... 113
B. The Governance System Integrating the Principles of “Putting People First” and
“Strict Control at the Grassroots Level” Needs to Be Enhanced ..................... 115
C. The Multiple Gaps between “Prevention and Control of a Public Health Crisis”
and “Good Governance under the Rule of Law” Need to Be Addressed ......... 117
III. FUTURE DIRECTIONS: KEY ISSUES FOR FURTHER STUDY......................................119
A. On Power Structure Theory: Refine the Experience of “Putting People First”
and “Upholding the CPC’s Leadership” ..........................................................119
B. On Rights Protection Theory: Interpret the Ideas of “Life Supremacy” and
“Equal Protection”........................................................................................... 120
C. On Prevention and Control Mechanisms: Uphold the Principles of Scientific,
Sustainable and Inclusive Development ...........................................................120
D. On Intersectional Research Methodology: Bridge the Studies of Public Law and
Human Rights Law............................................................................................ 121
I. MULTIPLE PERSPECTIVES ON RIGHTS PROTECTION FOR VULNERABLE
GROUPS IN A PUBLIC HEALTH CRISIS
In 2020, the public health crisis brought by the COVID-19 pandemic caused universal
problems for human rights protection in countries around the globe, especially in regard
to the challenges faced by the elderly, persons with disabilities, women, children, and
other vulnerable groups. The legal system for prevention and control of public health
crises consists not only of the dimensions of power structure, public management, social
governance, and public services, but also dimensions of rights protection, equal treatment,
judicial remedy, and individual empowerment.
A. The Elements of the Legal System for Prevention and Control of Public Health Crises:
Good Governance and Protection of Rights
As researchers have noted, the building of a legal system for prevention and control of
public health crises should comply with the basic logic of rule of law. Measures should be
taken through the rule of law, adhering to its internal logic, to prevent and/or control the
crisis, improve enforcement approaches, and perfect the legislation of public health law.1
1 WANG Chenguang, 󱊀󳌇󰁼󰦪󱧐󱍙󲴐󲱦 (The Logic and Optimization of the Legal
System for Epidemic Prevention and Control), 32(3) 󰦪 (Peking University Law Journal), 612 (2020).

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