Väestön terveyden edistäminen perusoikeuden rajoitusperusteena
Avainsanat:
perus- ja ihmisoikeudet, terveys, covid-19, tupakka, alkoholiAbstrakti
Promotion of health of the population as a justification for restricting fundamental rights
This article discusses the task of promoting the health of the population set out in Section 19.3 of the Constitution of Finland. The Constitution also permits restricting fundamental rights in order to promote health of the population. For example, tobacco advertising can be restricted without violating freedom of speech. This is to promote the health of the population and attempt to limit smoking, which may lead to serious illnesses for the smokers themselves or others. When restricting fundamental rights, the normal criteria for restrictions must be followed.
The topic has been researched sparsely, as there has been little practice of application. Currently, however, research has become much more widespread, as during the COVID-19 pandemic the provision of the Constitution was used when enacting restrictions, for example the freedom of trade and freedom of assembly. The restrictions were justified by the protection of health of the population. The article will also comment on the regulation of tobacco restrictions and the sale of alcohol. In both cases, the restrictions are justified by the objective of promoting the health of the population. The legislation on alcohol, in particular, is politically controversial and is subject to amendments. The current government’s programme emphasises the individual’s right to self-determination and aims to eliminate “guardianship”.
The article also discusses the effectiveness of legislation; whether progress has been made in health promotion. However, it is difficult to determine the role of legislation in the drastic reduction of tobacco use. Restricting the retail sale of alcohol and tobacco is clearly an exercise of social power. Governmental alcohol policy, for example, may change following upcoming elections.
