American Bar Association Law Practice Division Law Practice Today Webzine FEATURE
Protecting Civil Liberties During Quarantine and Isolation in Public Health Emergencies
I. Introduction
In July, 2006, doctors in Phoenix, Arizona diagnosed Robert Daniels with extreme multi-drug-resistant tuberculosis (XDR-TB)1. After visiting a local convenience store without a mask, public health officials obtained a court order to involuntarily commit Daniels to a Maricopa County Medical Center lockdown ward for treatment and to prevent him from transmitting his illness to others. Hermetically isolated, he was strip-searched and prohibited from venturing outside, exercising, and receiving visits from family.2 On May 31, 2007, the American Civil Liberties Union (ACLU) filed a lawsuit against Maricopa County, Arizona, on behalf of Daniels for the deplorable way he was treated - [l]ike jailed inmates accused of crimes3." While states have the authority to quarantine and isolate individuals with dangerous and communicable diseases in order to protect the public's health, they also have a duty to respect individual civil liberties4. This article discusses states' roles in protecting individuals' civil liberties while simultaneously effectuating quarantine and isolation orders to protect the public's health.
[More...Citations to case law.]
http://ift.tt/1t7Mdpm
Protecting Civil Liberties During Quarantine and Isolation in Public Health Emergencies
I. Introduction
In July, 2006, doctors in Phoenix, Arizona diagnosed Robert Daniels with extreme multi-drug-resistant tuberculosis (XDR-TB)1. After visiting a local convenience store without a mask, public health officials obtained a court order to involuntarily commit Daniels to a Maricopa County Medical Center lockdown ward for treatment and to prevent him from transmitting his illness to others. Hermetically isolated, he was strip-searched and prohibited from venturing outside, exercising, and receiving visits from family.2 On May 31, 2007, the American Civil Liberties Union (ACLU) filed a lawsuit against Maricopa County, Arizona, on behalf of Daniels for the deplorable way he was treated - [l]ike jailed inmates accused of crimes3." While states have the authority to quarantine and isolate individuals with dangerous and communicable diseases in order to protect the public's health, they also have a duty to respect individual civil liberties4. This article discusses states' roles in protecting individuals' civil liberties while simultaneously effectuating quarantine and isolation orders to protect the public's health.
[More...Citations to case law.]
http://ift.tt/1t7Mdpm
Protecting Civil Liberties During Quarantine in Public Health Emergencies.
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