It seems to me that when we look at the issue of Ebola and
how quarantine fits in terms of liberty it is important to look at who the
responsibility of avoiding spread of the disease, and subsequently harm to
others, falls upon. If a person is
knowingly infected or even possibly infected, the onus falls upon that person
to take the necessary precautions to prevent spread of the disease. In the case of Ebola the appropriate way to
do so is go under medical treatment and subsequent quarantine until all signs
of the disease are no longer present.
The question becomes what happens when the infected person refuses to
follow those orders, and is the state in the right to force quarantine upon an
individual who may be infected? As
discussed in class today the action of quarantine itself falls constitutionally
to the individual states as a police action.
I believe a person who violates quarantine, and in so doing causes
potential harm, up to and including death to others, is violating others
personal liberties and therefore worthy of police action. I say this realizing that it is not
unfathomable to think that government controlled quarantines could quickly
become excessive. In a perfect state of
liberty, should a person be detained inappropriately they would have recourse
for their own liberties being violated, but we know in the current state
government will likely not be held responsible for undue quarantine in the
interest of “the common good”. All in
all it seems that finding a clear cut ruling on grounds of liberty in cases of
quarantine would be difficult due to the transition period from personal
responsibility to police action and where that line is drawn.
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