Legal Regulation of Quarantine A Comparative Study between Iraq، Jordan، and Syria

Author:
Dheyaa Ahmed Hussein Al Saedi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Abdullah Baharloei

Quarantine is in Iraq،  Jordanian  and Syrian ،a preventive measure to limit the spread of an epidemic or virus، and this measure has historical roots in previous times، which has evolved in an understandable way to become a reliable legal organization under exceptional emergency circumstances as a means of administrative control that has specific contexts and circumstances in terms of its variation، formulation، conditions and application. And its binding force on individuals is also among the people on whom this preventive measure is imposed، how it is applied، and the quality of quarries، while this measure is imposed under exceptional exceptional circumstances in a state of health emergency beyond the will and control under normal procedures، which is why this quarantine was considered an emergency and an exception. It entails legal and civil consequences، and violating its provisions entails criminal and civil liability. The quarantine has several economic، social and health consequences for the comparative countries، in addition to the psychological effects. In those countries، with its legal text on the Ministry of Public Health in its management and implementation، which placed a heavy burden on them that is difficult for them to organize and Its accurate implementation may be lax or excessive in its application، causing its occurrence to violate the rights and freedoms of individuals or the public interest at the expense of their freedoms، while this regulation has become old and not keeping pace with developments and technology witnessed by the world and changing conditions، and the exception allows the administrative control authorities to depart from A general rule documented in international laws and constitutions to ensure the protection of public health from epidemics and the preservation of everyone from risks. Therefore، we found that there is a clear shortcoming of these authorities in the application of this exception، as well as health facilities، quarries، tools and health supplies that do not meet the requirements for the care of the quarantined، which we examined in this study on All of these shortcomings and we suggested to the legislator some solutions and suggestions to protect public health and preserve human rights and dignity through systematic analytical study through regulatory texts related to public health، whether in international or constitutional laws.