Germs on a Plane: Legal Protections Afforded to International Air Travelers and Governments in the Event of a Suspected or Actual Contagious Passenger and Proposals to Strengthen Them

Authors

Alexandra R. Harrington

Abstract

This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease in air travel. Although such measures could be adopted through regional agreements without amending any of these documents, a regional solution is inappropriate both because it would not establish uniformity and because most regional organizations have shied away from issues involving aviation and infectious disease in favor of the IHR regime and WHO actions. It would be undeniably naive to think that law or medicine can create an environment in which it is impossible for infectious disease to spread through air travel. By adopting the proposals made in this article, however, the WHO and Vienna Convention signatories would substantially reduce the risks of infectious disease spreading through air travel.

Recommended Citation

Alexandra R. Harrington, Germs on a Plane: Legal Protections Afforded to International Air Travelers and Governments in the Event of a Suspected or Actual Contagious Passenger and Proposals to Strengthen Them, 22 J.L. & Health 295 (2009)
available at https://engagedscholarship.csuohio.edu/jlh/vol22/iss2/6