All Taken as Necessary? Re-examine the Power and Restrains of Isolation and Quarantine
Isolation and quarantine are ancient measures for human to control the spread of communicable diseases. Since they seriously interference with personal freedom, the state ’s power should be restrained. In response to the constitutionality of the “isolation” used during the SARS epidemic, Judicial Yuan Interpretation No. 690 required the review of the authority, procedures, length, immediate relief and other contents of the Communicable Disease Control Act. These requests to review were not acted upon in the last ten years, and now the Special Act on COVID-19 Prevention, Relief and Restorations expand the power to take all necessary measures, granting the blank power to the state. This article firstly explains the differences and application requirements of isolation and quarantine from a theoretical basis, analyzes the ethical dilemmas and legal challenges of using such measures, and then reviews the current legal defects showed in the process of preventing COVID-19. It is recommended that the law should establish logical and consistent definition of different measures, clear authority and appropriate procedural protection.