Do U.S. pandemic plans threaten rights, ACLU asks

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Do U.S. pandemic plans threaten rights, ACLU asks

By Maggie Fox, Health and Science Editor

WASHINGTON (Reuters) - U.S. policy in preparing for a potential bird

flu pandemic is veering dangerously toward a heavy-handed

law-enforcement approach, the American Civil Liberties Union said on

Monday.

The group, which advocates for individuals' legal rights based on the

U.S. Constitution, said federal government pandemic plans were

confusing and could emphasize a police and military approach to

outbreaks of disease, instead of a more sensible public health approach.

" Rather than focusing on well-established measures for protecting the

lives and health of Americans, policymakers have recently embraced an

approach that views public health policy through the prism of national

security and law enforcement, " the ACLU report reads.

But the U.S. Health and Human Services Department (HHS) said the group

had misunderstood the government's approach and said current plans

already incorporate many of the ACLU's recommendations.

Infectious disease experts agree that a pandemic of some sort of

influenza is inevitable, and most worries focus on H5N1 avian

influenza. Although it mainly attacks birds, the virus has infected

349 people since 2003 and killed 216 of them.

A few mutations could turn it into a highly infectious disease for

people and could kill millions globally.

Most countries are working to develop plans to deal with the potential

consequences. The U.S. plans are available on Web sites such as

http://pandemicflu.gov.

The ACLU said it was worried that the plan called for military and

police involvement in enforcing a quarantine.

The ACLU experts said they were especially disturbed by an October

executive order from President W. Bush that directed HHS to

establish a task force to plan for potential catastrophes like a

terrorist attack, pandemic influenza or a natural disaster that would

ensure full use of Department of Defense resources.

The Bush order does not specify what the Department of Defense role

would be, but also mentions military medical research facilities that

have played a role in health for decades.

" Pandemic planning today tends to emphasize mandatory vaccination and

forced treatment, " the ACLU's Tania Simoncelli told a news conference.

" It also means that sick people are being treated as criminals and

enemies of the state rather than individuals in need of care. "

The ACLU said plans should focus on how to help people stay home

without losing pay, and instead of merely advising citizens to

stockpile food, should provide for ways to help them do so.

HHS spokesman Bill Hall said the government plan stressed community

and individual involvement.

" They have mischaracterized our planning efforts. They are confusing a

containment attempt as our overall pandemic response once the virus

has spread beyond our ability to stop it, " Hall said in a telephone

interview.

" Respecting civil liberties has been an important component of our

pandemic planning. "

He said many of the recommendations ACLU makes, such as voluntary

vaccination and treatment, were in the plan.

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