Normative analysis and ethical evaluation of measures taken in the field of public health in the context of the principle of proportionality in combating the COVID-19 pandemic

In the fight against the COVID-19 Pandemic, which will have a exceptional example in world history, many ethical questions and issues have also emerged. One of the most important of these is that the measures taken during the fight against the pandemic restrict or violate individual rights and freedoms. Although these measures to protect the health of the individual and society serve high-value purposes, they are not entitled to unlimited legitimacy. It is important that these measures to prevent the spread of the epidemic and loss of life, especially in the early stages, are efficient and effective, as well as not violating fundamental rights and freedoms, or limiting them to the minimum extent possible. Establishing an acceptable and necessary balance between all these variables is only possible with the principle of proportionality, which comes to the fore especially in the field of public health ethics during the pandemic period. This master thesis focuses on the principle of proportionality within the framework mentioned above. In this study, the concept of proportionality was examined both in the historical process in different traditions of thought and its role in philosophical theories. While these researches are mostly carried out on a normative basis, our study also questioned and evaluated the meanings and contexts in which the principle of proportionality is used in the existing literature through a quantitative analysis. The benefits and harms of the lockdown, quarantine and isolation measures carried out within the scope of the COVID-19 pandemic were examined in general, and these measures were evaluated according to the criteria included in the proportionality principle. In this evaluation, the results of empirical studies carried out in different countries were used. In this thesis, it has been demonstrated within a scientific framework why proportionality is a principle that should always be implemented in the measures taken despite many uncertainties in the COVID-19 Pandemic, which contains different processes in both medical and scientific aspects. At the same time, the arguments on the subject were concretized. On the other hand, it was explained with arguments why the implementation of the proportionality principle should be constantly updated as important factors may change during the pandemic process due to ethical analysis.