Also a pragmatic question or consideration. For the greatest good, in this context, the good of protecting public health and protecting health services from being overwhelmed. I see no issue with infringing on any and all human rights, if and only if, the seriousness of the situation demands it. For example. If a flight attendant is banned from wearing a cross at work, this would be an infringement of her right to freedom of religious expression, under the ECHR, however it could (and was) found by the ECJ that wearing the cross, also violated her employer's right to insist upon a uniform dress code for all staff, as required by contractual agreement. It was held by the ECJ that the right of the employer to expect compliance with uniform overruled her right to wear a cross. The infringement on her religious expression was minimal. The effect for the airline, was potentially more damaging, regarding business representation, if people could just wear (effectively) whatever ornaments they liked. Balance of competing interests. The winner is the one with the most to lose.
Thank you. I appreciate the sentiment you express about the greater good, etc., but I just don't believe it's moral. I mean, when the natural course of events exposes
me to risk, I do not agree that anyone has the right to subject someone else to injury—of any kind or on any level, no matter how trivial I may believe it to be—so that I can be spared. That is selfish and uncivilized, and it does not
become civilized because the sample size increases. Some things are just always wrong. It is when the natural threats are greatest that the law becomes most important. It is always barbaric to cause the innocent to suffer; it is never charitable. We must find a different path—a moral path—to protecting the innocent who are in nature's crosshairs.
I don't think the example you shared is a good comparison because the application of the law merely exposes who had a given right in a given situation, and who did not. The rights aren't created by government, they are discovered through discussion and/or adjudication. Nor is it about "balancing" rights. I have never known a circumstance where two persons each had a right to do something that directly infringed on the right of the other. It is always shown that one or the other always had a given right in that set of circumstances, and the other never had the right that would collide with the former.
For example, if it is
lawful for an employer to impose on employees a dress code, then it was lawful
before government got involved (it was always lawful)—the question of rights
in that situation just hadn't yet been adjudicated. And if the employer
always had that right, then the would-be employee
never had the right to wear something that would have been a violation of the dress code. It's not a case of balancing rights, because there was never anything
out of balance. The employee didn't start out having a right to work for the employer that had to be balanced with the employer's right to have a dress code—the employer always had the right to establish the dress code, and the employee always had to yield if she wanted the job. So the only way the would-be employee could ever be exposed to the restrictions of the dress code would be to freely agree to the code in advance. Which means no right was infringed. No balancing.