Public health vs. individual freedom: dispute over COVID measures

Public health vs. individual freedom: dispute over COVID measures

On Monday, May 27, 2025, a public lecture series entitled “FU and its neighbors – in the mirror of law” will take place at the Free University of Berlin. This event starts at 6:00 p.m. c. t. in the lecture hall at Thielallee 67 in Berlin-Dahlem. The focus is on the topic: “Public health measures and individual freedom: challenges during the COVID-19 pandemic”.

In recent years, the COVID-19 pandemic has posed a major challenge to society, affecting both people's health and individual freedoms. The public discourse in the lecture series will address the tensions between public health care and constitutional protection of personal freedoms. In particular, the dangers of the pathogen SARS-CoV-2, which first appeared in December 2019, demonstrated the urgency of taking appropriate measures while therapeutic options and vaccines were not available for a long time.

Expertise of the speakers

The event is accompanied by renowned experts. Professor Dr. Dr. h. c. mult. Lothar H. Wieler, director at the Hasso Plattner Institute and former president of the Robert Koch Institute, will present the practical challenges of combating the pandemic and examine the tensions with individual freedoms. In addition, Prof. Dr. Stefan Huster from the Ruhr University Bochum will address the legal basis and limits of state intervention in the health context.

A moderated panel discussion follows under the leadership of Prof. Dr. Christian Calliess, Professor of Public Law and European Law. The audience is invited to ask questions and actively participate in the exchange. The aim of the lecture series is to provide insights into current legal and social issues and to promote exchange between science, politics, justice, administration and civil society.

Public health care during the pandemic

The COVID-19 pandemic highlighted the importance of non-pharmacological measures. In Germany, contact restrictions, closures of educational institutions and event bans were prioritized to control the spread of the virus. The Robert Koch Institute developed a comprehensive strategy that included both population-based and individual infection hygiene measures.

Examples of such measures included the provision of materials for infection protection, the recommendation to wear mouth and nose coverings and quarantine measures for contact persons. The implementation of these strategies presented a challenge, particularly in terms of public trust in the measures taken.

In addition to the discussion about individual freedoms and the economic consequences of the pandemic, the human right to health is a central aspect. It obliges the state to protect and promote the health of the population. At the same time, the state's protection and guarantee obligations are crucial. These duties include providing health infrastructure and ensuring that services are not reserved only for wealthy citizens.

The debates about the appropriateness of measures such as lockdowns demonstrate the complexity associated with the right to health, particularly when it conflicts with other rights. In the context of the pandemic, it is clear that states must act proactively to ensure the right to health of the population, while ensuring transparent information policies and access to medical resources.

The jury from the social and legal aspects of fighting the pandemic showed that many courts in Germany have confirmed the constitutionality of the COVID-19 measures, despite public protests. This highlights the need to find the balance between public health and individual freedoms.

Registration for the event is required for interested participants. After the lecture there will also be a reception to end the evening in a convivial setting.