Public quarantine is constitutional

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KUWAIT CITY, March 4: Dr Ibrahim Al-Hamoud, a Constitutional Law Lecturer from the Department of Public Law in Kuwait University’s Faculty of Law, says the issue of quarantine is a very important topic that is subjected to what is known as administrative control, reports Al-Anba daily.

He explained that administrative control regulations are independent regulations that are directly based on the Constitution without the need for legal backing, provided none of the existing laws are violated.

Since 1968, the Kuwaiti legislation organized the rules of quarantine and gave the health minister the right to quarantine during the time period that is predetermined based on the health cases, type of disease, the epidemic, its extent and the way it is transmitted.

This matter is solely based on the Kuwaiti Constitution, which it stipulates that the state “and specifically the executive branch” has a duty to preserve public health, public security, and public stability in the society.

Dr Al-Hamoud stressed that the Novel Coronavirus can be considered as a pandemic that affects public health on one hand, and public security on the other; therefore, the state has the right, in accordance with the provisions of the Constitution and laws, to intervene and impose quarantine on those who could endanger the public health, or pose risk of infecting others around them, which deems the need for quarantine. He stated that personal freedom is sacred, but also is public health and public security; therefore, in constitutional rights, they are balanced without violating one right at the expense of the other.

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