Quarantine as a legal measure to prevent and combat infectious diseases among people

Abstract

In the presented analysis, the problem of legality of the restriction of freedom of movement introduced by the quarantine in connection with the announcement of an epidemic of infectious diseases among people and the legal solutions accompanying the fight against such states, in particular the COVID-19 pandemic, has been addressed. Particular attention has been paid to the legal basis for the actions of public authorities in the field of quarantine and its types have been indicated in view of the normative basis for its introduction. Emerging doubts related to the lack of a coherent normative vision for activities necessary to effectively counteract the effects of the epidemic have been highlighted. The differences between the epidemic state and a state of exception in the constitutional meaning have been pointed out, putting forward a thesis that the solutions functioning on the grounds of the Act on preventing and combating infections and infectious diseases in humans meet the criteria set out in the Constitution of the Republic of Poland for limitations to rights and freedoms of natural persons. Thus, the obligation to undergo quarantine has a statutory basis, which means that it is a legal way of limiting interpersonal contacts due to the epidemic threat.