Accommodating the Needs of Persons with Disabilities in Policies Concerning Public Health Emergencies: Law, Ethics and Practice

The aim of the project is to develop an empirically informed and theoretically supported policy framework for the Hong Kong government to accommodate the needs of persons with disabilities in public health emergencies. The study is divided into three phases and adopts a mixed-method approach, based on qualitative research and policy analysis. In Phase 1, focus group interviews were conducted with a total of 74 local participants - including 57 persons with disabilities, seven carers and ten representatives from civil society or service providers - to understand their experience during COVID-19 and their vulnerabilities and needs in public health emergencies. In Phase 2, a round-table expert discussion was held to examine the relationship between different Asian governments’ attitudes towards persons with disabilities and how effectively their needs are accommodated in public health emergency management, as past epidemics have highlighted how closely these Asian jurisdictions are intertwined in terms of physical proximity, social ties and transport links and thus their mutual susceptibility to infectious diseases. Eight experts (from Japan, South Korea, Thailand, Mainland China and Taiwan) took part in the discussion and a written response from representatives of the Disability Office at Singapore’s Ministry of Social and Family Development was received and analysed. The findings of Phase 2 furthered an understanding on whether (and how) different policy approaches provide better protections for persons with disabilities. In Phase 3 of the project, we examined the legal and ethical implications that must be considered by governments in protecting persons with disabilities in public health emergencies. Five experts from Hong Kong, Canada and the US participated in the discussion. Overall, the results of the project showed: 1) socio-economic factors (such as age, gender, income level, and degree of isolation) increase the vulnerability of persons with disabilities in public health emergencies across disability categories 2) jurisdictions with robust policies and sound legal frameworks to protect persons with disabilities at times of normality are more capable of protecting them at times of public health emergency 3) both international law and ethics require governments to devise inclusive plans and policies to protect the rights and well-being of persons with disabilities in all stages of emergency management and 4) legal and moral obligations to accommodate the needs of persons with disabilities in a public health emergency can be better understood in light of three moral duties on the part of governments, namely, the duty to protect, the duty to plan and the duty to lead.