Keywords : quarantine and isolation


Muhammad S. Al-Ahmad; Abdul K. Abdul Karim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 44-84

The Public health is one of the most important objectives of the administration, as it is a duty upon the administration to take the necessary measures, because of its powers in administrative control, to preserve the public interest, especially from the risks posed, especially the epidemics caused by viruses and the rapid spread through infection, and in exchange for giving the legislator the administration the right Exercising exceptional powers leading to restrictions on the freedoms of people and limiting their movement. The exercise of this authority results in multiple human rights problems, which fall within the scope of public law from the means of control and abuse of power and the extent to which the goals are achieved, and they deviate from our topic here, because they are subject to the traditional rules which dealt with in jurisprudence and administrative justice. As for the section within the scope of our research, it is the legal aspects that affect the person’s freedom and will, and the effect of the administration’s measures on quarantine on his consent, the integrity of his will, and his choice. Also, the quarantine may cause for the person in detention to be exposed to health when he has dealt with people who carry the contagious virus, which is another problematic relate to the civil liability of the custodian towards this person. Also, this person may actually become ill, and here a legal framework of the quarantine must be created, which is strictly supervised by the administration, in order to preserve the safety of quarantined, and a system of insurance should be created from the dangers of this quarantine.