About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

13 Health L. Rev. 3 (2004-2005)

handle is hein.journals/hthlr13 and id is 1 raw text is: 


























The 2003 global outbreak of severe acute respiratory syn-
drome (SARS)  was an abrupt reminder that infectious dis-
eases pose a continuing threat to human health. In 1967,
U.S. Surgeon  General W.H.  Stewart had optimistically
declared it was time to close the book on infectious dis-
eases.' SARS proved that wrong. Outside Asia, Canada
was the country hardest hit by SARS. The outbreak took 44
lives in our country, threatened many others and created
numerous  challenges for public health officials and the
acute health care system.2 In particular, SARS highlighted
serious deficiencies in public health infrastructure and pre-
paredness. As in other countries, officials in Canada were
required to weigh the legalities and ethics of various inter-
ventions to control the spread of the disease, including quar-
antine.



Quarantine during SARS

At the height of the SARS outbreak, tens of thousands of
people in Ontario were quarantined.3 Anyone who had vis-
ited certain hospitals during specific time periods was asked
to observe quarantine. 1,700 high school students were
quarantined after one student at the school became ill. Many
health care workers had to abide by work quarantine,
which required them to travel directly from home to work
without using public transit and without stopping at any
other destination. At home, health care workers had to sepa-
rate themselves from family members, wear masks when in
contact with others in their household, and not have visi-
tors.4 More than half of Toronto's 850 paramedics ended up
under 10-day home quarantine during the outbreak.'


As SARS  spread, the Ontario government amended its pub-
lic health statute to empower officials to order individuals
suspected of being exposed to the disease into quarantine.6
Similarly, the federal government amended the Quarantine
Act regulations so quarantine officers stationed at airports
and other entry points to Canada could screen travelers and,
ifnecessary, detain them for suspected SARS infection.' For
the most part, Canadian authorities did not have to resort to
coercive legal measures to control the outbreak. Ontarians
generally complied voluntarily with quarantine and public
health officials sought legally enforceable quarantine orders
in only a small number of cases.'

Outside Canada, countries such as China, Hong Kong and
Singapore also used quarantine in an effort to stem the
spread of SARS. However,  while Canadian public health
officials relied primarily on voluntary compliance with
quarantine requests, measures elsewhere were  not so
benign. In Hong Kong, officials used barricades and tape in
an attempt to confine residents in a large housing complex
where over 300 people were  known to be infected with
SARS.9 Authorities in Singapore enforced quarantine with
surveillance cameras and electronic monitoring devices. 10
Chinese citizens faced penalties as harsh as imprisonment
and execution for breaching quarantine orders.


The   Ethics of Quarantine

Quarantine represents the archetypal conflict that confronts
public health: the tension between society's dual interests in
safeguarding individual liberty while protecting and pro-
moting the health of its citizens. Lawrence Gostin, a leading


Volume   13, Number   1


Public Health Law and Ethics:


         Lessons from SARS and


                           Quarantine


                                Nola M. Ries


3

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most