Civil Liberties During Crisis
Proposed Legislation Talking Points
The COVID-19 pandemic has brought to light the need for civil liberty protections during states of emergency. County supervisors, state legislators, and constituents have expressed concerns about the seemingly unlimited authority of the governor and the local health officers.
Now is the time to fix one specific area of the Health and Safety Code to protect bodily autonomy of Californians during emergencies and infectious disease outbreaks.
"All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
Individual rights secured by our state and federal Constitution do not disappear during emergencies and infectious disease outbreaks.
Proposed Legislative Goals
The goal of our proposed legislation is to protect civil liberties during times of crisis.
Protect patient choice and privacy
Adults and minor children would have the right to refuse treatment and testing, including:
- medical treatments or procedures;
- participation in tracking or tracing programs;
- the wearing of masks;
- social distancing;
- the sharing of personal data or medical information.
Keep parents and children together
If infected, individuals would have the right to self-quarantine with the caretaker, location, and treatment of your choice. A minor child may not be forcibly removed from their parent or home.
Require notification of rights
Californians would have the right to be notified of these rights.