Why Is Quarantine An Essential Civil Rights Invader
Quarantine an Essential Civil Rights Invader
Quarantine is not a human rights invader, but a shield to guard your friends, family and loved ones. It’s merely a tool to ensure your safety and a guardian to watch your back from uncertainty. This look into the past on the conception and birth of the method of quarantine will prove the necessity for the argued protection. An exactly situation will be discuss proving the need for this method of control and covering the very laws that allow the government to enforce isolation and quarantine procedures. Most importantly this essay will highlight why this method of control isn’t a civil rights invader and educate on the child saving, mother saving and family saving importance of quarantine …show more content…
methods. The CDC defines quarantine as “Quarantine is used to separate and restrict the movement of well persons who may have been exposed to a communicable disease to see if they become ill. Quarantine can also help limit the spread of communicable disease.” So quarantine is more of a preventive method used to try and intercept a disease before it can have the chance of spreading into the rest of the population in a given area. Eugenia Tognotti states “Quarantine was first introduced in 1377 in Dubrovnik on Croatia’s Dalmatian Coast”. But the first city that perfected the maritime quarantine was Venice. The CDC writes of this moment saying “Ships arriving in Venice from infected ports were required to sit at anchor for 40 days before landing.” Why forty days? No one really knows the answer to that question, but it proved to be effective by preventing continuous spread. Now that the history of the origin of quarantine is highlighted let’s look into a more current situation. In July of 2006, Robert Daniels a Phoenix, Arizona resident had an extreme case of multi-drug resistant tuberculosis. Mr. Daniels decided to visit a store without wearing a mask causing local officials to obtain a court order to involuntarily commit Daniels to the Maricopa County Medical Center. This is a prime example of why quarantine methods are so important to the health care of the public. Does involuntarily detainment of Mr. Daniels invader his civil rights? Some feel it does because it’s an invasion of his freedom. Daniel Markovit’s states “But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. This shows the purpose of such a method is required since the impact is more severe than that of a single individual. So what allows public officials to employ such methods on the public? The tenth amendment of the Constitution gives the state the power to enforce what isn’t already granted to the federal government.
The article from Law Practice TODAY says “The Public Health Service (PHS) Act, limited by Executive Order 13,295, authorizes the Secretary of the Department of health and Human Services (HHS) to declare a public health emergency and take appropriate responsive action to “prevent the introduction, transmission, or spread of communicable diseases. “In practice, however states and local jurisdictions assume primary responsibility for instituting public health protective measures under the Tenth Amendment “police power”. However, only certain diseases allow them to have the ability to use the power entrusted to them and that list resides on the “Executive Order of the President”. So how can something that has been included in the Constitution, which was created to protect civil rights make an Amendment that some believe invades their …show more content…
rights? Mr. Daniels civil rights were invaded, but not from being quarantined, but from the way he was treated during the time. He felt that he was a prisoner because he was isolated from others, strip searched, prohibited from exercising, venturing outside and even receiving visitors. But then again why shouldn’t he be treated as a prisoner when he made the conscious decision to venture into public with a deadly contagious disease without taking precautions to prevent the spread. A act like this could be taken as attempted man slaughter, but from this case emerged five threshold requirements states must ensure too: “1. The individual must pose an actual threat to the public; 2. The intervention must be reasonable and effective; 3. It must be conducted in a manner that comports with equal protection and due process; 4. Individuals must be provided with safe and comfortable conditions; and 5. Reasonable compensation for loss of income must be ensured.” Is quarantine a civil rights invader? Or is it a required process that needs to be supported so public health officials have the ability to contain the disease before it has the chance of reaching loved ones? The case of Mr. Daniels shows that fighting against quarantine means Daniels has the civil right to pass his disease to anyone. Our fore fathers obviously believed that something’s shouldn’t be left up to the people, hence the purpose of the catch all Tenth Amendment. Quarantine is a process to protect and help everyone from preventing the spread of communicable diseases to ensuring that patients get the proper medical attention needed to combat the disease, sometime things need to be viewed as a necessity for all mankind not for the comfort of a few.
Quarantine an Essential Civil Rights Invader: An Annotated Bibliography
Centers for Disease Control and Prevention.
About Quarantine and Isolation. 10 January 2012. Web. .
This is simply the CDC 's definition of the terms and gives reference to additional papers for fourth information. It touches on travel restrictions but nothing worth trying to use without referencing an additional source.
Centers for Disease Control and Prevention. History of Quarantine. 10 January 2012. Web. .
This source goes into the history on how and why quarantine came into exists. It covers specific outbreaks that caused for the need of a preventative method to control the spread of the disease. This source is a timeline of events that have lead the method of quarantine to what it is today.
Markovits, Daniel. "Quarantines and Distributive Justice." Paper 417. 2005.
Talks more about the law support between the need for quarantine and/or vaccinations. Breaks down the need for both and shows stats on cost, and individual burden. The author is trying to identify which is more effective which shows through the report the difficultly of this because he is trying to compare a method used to prevent the contracting of the disease and one used to prevent the
spread.
Pope, Sarah JD,MA, Nisha CPH Sherry and Elizabeth JD Webster. Protecting Civil Liberties During Quarantines and Isolation in Public Health Emergencies. April 2011. Document.
This article goes into a specific case that occurred in Phoenix, Arizona dealing with a man that was contained for having a severe case of tuberculosis and went to a local store without taking precaution to prevent the spread. It goes into the states authority over the issue and the balance that needs to be taken to ensure the public safety and the civil rights of the infected.
Tognotti, Eugenia. "Lessons From The History Of Quarantine, From Plague To Influenza A." Emerging Infectious Diseases 19.2 (2013): 254-259. Environment Complete. Web. 7 Nov. 2013.
His report also goes into the history of quarantine breaking down each major outbreak from the plague to influenza. It talks about the steps that were implemented to prevent the spread of these diseases and overall the lessons learned with dealing with each one. Which leads to the basic understand that you must first understand a disease before you can contain it.
Quarantine is not a human rights invader, but a shield to guard your friends, family and loved ones. It’s merely a tool to ensure your safety and a guardian to watch your back from uncertainty. This look into the past on the conception and birth of the method of quarantine will prove the necessity for the argued protection. An exactly situation will be discuss proving the need for this method of control and covering the very laws that allow the government to enforce isolation and quarantine procedures. Most importantly this essay will highlight why this method of control isn’t a civil rights invader and educate on the child saving, mother saving and family saving importance of quarantine …show more content…
methods. The CDC defines quarantine as “Quarantine is used to separate and restrict the movement of well persons who may have been exposed to a communicable disease to see if they become ill. Quarantine can also help limit the spread of communicable disease.” So quarantine is more of a preventive method used to try and intercept a disease before it can have the chance of spreading into the rest of the population in a given area. Eugenia Tognotti states “Quarantine was first introduced in 1377 in Dubrovnik on Croatia’s Dalmatian Coast”. But the first city that perfected the maritime quarantine was Venice. The CDC writes of this moment saying “Ships arriving in Venice from infected ports were required to sit at anchor for 40 days before landing.” Why forty days? No one really knows the answer to that question, but it proved to be effective by preventing continuous spread. Now that the history of the origin of quarantine is highlighted let’s look into a more current situation. In July of 2006, Robert Daniels a Phoenix, Arizona resident had an extreme case of multi-drug resistant tuberculosis. Mr. Daniels decided to visit a store without wearing a mask causing local officials to obtain a court order to involuntarily commit Daniels to the Maricopa County Medical Center. This is a prime example of why quarantine methods are so important to the health care of the public. Does involuntarily detainment of Mr. Daniels invader his civil rights? Some feel it does because it’s an invasion of his freedom. Daniel Markovit’s states “But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. This shows the purpose of such a method is required since the impact is more severe than that of a single individual. So what allows public officials to employ such methods on the public? The tenth amendment of the Constitution gives the state the power to enforce what isn’t already granted to the federal government.
The article from Law Practice TODAY says “The Public Health Service (PHS) Act, limited by Executive Order 13,295, authorizes the Secretary of the Department of health and Human Services (HHS) to declare a public health emergency and take appropriate responsive action to “prevent the introduction, transmission, or spread of communicable diseases. “In practice, however states and local jurisdictions assume primary responsibility for instituting public health protective measures under the Tenth Amendment “police power”. However, only certain diseases allow them to have the ability to use the power entrusted to them and that list resides on the “Executive Order of the President”. So how can something that has been included in the Constitution, which was created to protect civil rights make an Amendment that some believe invades their …show more content…
rights? Mr. Daniels civil rights were invaded, but not from being quarantined, but from the way he was treated during the time. He felt that he was a prisoner because he was isolated from others, strip searched, prohibited from exercising, venturing outside and even receiving visitors. But then again why shouldn’t he be treated as a prisoner when he made the conscious decision to venture into public with a deadly contagious disease without taking precautions to prevent the spread. A act like this could be taken as attempted man slaughter, but from this case emerged five threshold requirements states must ensure too: “1. The individual must pose an actual threat to the public; 2. The intervention must be reasonable and effective; 3. It must be conducted in a manner that comports with equal protection and due process; 4. Individuals must be provided with safe and comfortable conditions; and 5. Reasonable compensation for loss of income must be ensured.” Is quarantine a civil rights invader? Or is it a required process that needs to be supported so public health officials have the ability to contain the disease before it has the chance of reaching loved ones? The case of Mr. Daniels shows that fighting against quarantine means Daniels has the civil right to pass his disease to anyone. Our fore fathers obviously believed that something’s shouldn’t be left up to the people, hence the purpose of the catch all Tenth Amendment. Quarantine is a process to protect and help everyone from preventing the spread of communicable diseases to ensuring that patients get the proper medical attention needed to combat the disease, sometime things need to be viewed as a necessity for all mankind not for the comfort of a few.
Quarantine an Essential Civil Rights Invader: An Annotated Bibliography
Centers for Disease Control and Prevention.
About Quarantine and Isolation. 10 January 2012. Web. .
This is simply the CDC 's definition of the terms and gives reference to additional papers for fourth information. It touches on travel restrictions but nothing worth trying to use without referencing an additional source.
Centers for Disease Control and Prevention. History of Quarantine. 10 January 2012. Web. .
This source goes into the history on how and why quarantine came into exists. It covers specific outbreaks that caused for the need of a preventative method to control the spread of the disease. This source is a timeline of events that have lead the method of quarantine to what it is today.
Markovits, Daniel. "Quarantines and Distributive Justice." Paper 417. 2005.
Talks more about the law support between the need for quarantine and/or vaccinations. Breaks down the need for both and shows stats on cost, and individual burden. The author is trying to identify which is more effective which shows through the report the difficultly of this because he is trying to compare a method used to prevent the contracting of the disease and one used to prevent the
spread.
Pope, Sarah JD,MA, Nisha CPH Sherry and Elizabeth JD Webster. Protecting Civil Liberties During Quarantines and Isolation in Public Health Emergencies. April 2011. Document.
This article goes into a specific case that occurred in Phoenix, Arizona dealing with a man that was contained for having a severe case of tuberculosis and went to a local store without taking precaution to prevent the spread. It goes into the states authority over the issue and the balance that needs to be taken to ensure the public safety and the civil rights of the infected.
Tognotti, Eugenia. "Lessons From The History Of Quarantine, From Plague To Influenza A." Emerging Infectious Diseases 19.2 (2013): 254-259. Environment Complete. Web. 7 Nov. 2013.
His report also goes into the history of quarantine breaking down each major outbreak from the plague to influenza. It talks about the steps that were implemented to prevent the spread of these diseases and overall the lessons learned with dealing with each one. Which leads to the basic understand that you must first understand a disease before you can contain it.