NCJ Number
109280
Journal
Journal of Legal Medicine Volume: 8 Issue: 3 Dated: (September 1987) Pages: 353-396
Date Published
1987
Length
44 pages
Annotation
This analysis of the legal and practical basis for the quarantine of people infected with the AIDS virus concludes that a general quarantine would be costly and potentially counterproductive and that quarantine of individuals whose behavior was harming others should occur only under carefully drawn quarantine regulations with full safeguards regarding due process.
Abstract
The seriousness of AIDS has generated widespread fear and increasing public pressure for the quarantine of infected persons. The legal authority for quarantine is based on the police powers of the State to protect the public safety and welfare. Courts have held that the individual's interest in liberty is subordinate to the safety of others. Courts have also ruled that equal protection is not violated if the classification system being used for quarantine and other purposes is medically reasonable and the action serves a legitimate State interest. Courts will also require that procedural due process rights be protected in a quarantine situation. Apart from the legal issues, it is also clear that widespread screening and quarantine would be extremely expensive and difficult to implement or sustain. In addition, people concerned about lifetime quarantine would probably avoid being identified as virus carriers, thus undermining efforts at health care and disease control. Efforts should focus on changing the behavior of the few individuals who put others at risk and, if the behavior does not change, or quarantining them. 185 footnotes.