Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics

  title={Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics},
  author={David P. Fidler and Lawrence O. Gostin and Howard Markel},
  journal={The Journal of Law, Medicine \& Ethics},
  pages={616 - 628}
Dramatic events involving dangerous microbes often focus attention on isolation and quarantine as policy instruments. The incident in May-June 2007 involving Andrew Speaker and drug-resistant tuberculosis (TB) joins other communicable disease crises that have forced contemplation or actual application of quarantine powers. Implementation of quarantine powers, which encompasses authority for both isolation and quarantine actions, is important not only for the handling of a specific event but… 

Putting the Law Into Practice: A Comparison of Isolation and Quarantine As Tools to Control Tuberculosis and Ebola

This article compares 2 recent court cases with different outcomes where public health officials sought assistance from the courts to enforce an isolation or quarantine order.

Drug-Resistant Tuberculosis: Security, Ethics and Global Health

Two disease control measures that are motivated particularly by security concerns are border control and patient isolation and an assessment of each measure by reference to public health ethics is offered in order to differentiate good and bad securitisation.

J. S. Mill and the American Law of Quarantine

The paper shows that despite important parallels between quarantine law and both the authorizing and prohibitive aspects of Mill's harm principle, the contemporary law of quarantine does not reflect either Mill's concern for the potential abuse of executive authority nor his recognition that quarantine is only ethically justified when the broader public health policy environment in which quarantine is applied is itself ethically sound.

Treatment of tuberculosis in Turkey in terms of medical ethics.

It is argued that tuberculosis is one of the most important neglected topics in medical ethics as regards individual obligations to avoid infecting others, coercive social distancing measures, third-party notification, health workers' duty to treat contagious patients, and justice.

Ethical Models Underpinning Responses to Threats to Public Health: A Comparison of Approaches to Communicable Disease Control in Europe

An overview of the different policies around communicable disease control that exist across a select number of countries across Europe is provided and ethical arguments to be considered in the making of public health laws, mostly concerning their effectiveness for public health protection are proposed.

Tuberculosis: resurgent disease, renewed liability.

  • L. Berlin
  • Medicine
    AJR. American journal of roentgenology
  • 2008
The CDC determined that Speaker had the rarer and more deadly type of TB known as extensively drug­resistant TB, caused by a strain of mycobacteria identified in 2006 in a small rural town in South Africa.

Ethical and Safe Discharges from Psychiatric Units during the COVID-19 Pandemic

This complex dilemma over isolation, quarantine, or housing options for many patients with mental illness infected with COVID-19 is examined by evaluating mental health law, quarantine law, public health ethics, a case from an urban academic medical center’s inpatient unit, and literature focused on treatment and isolation protocols during HIV and tuberculosis epidemics.

The Ethical Significance of Antimicrobial Resistance

A state-of-the-art overview of the ethical challenges that arise in the context of antimicrobial resistance (AMR), which includes an introduction to the contributions to the symposium in this issue.



Quarantines and Distributive Justice

Quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available and cannot plausibly be said to violate the civil rights of the quarantined.

Quarantine and the problem of AIDS.

Through history, quarantine has been a response not only to the mode of disease transmission, but also to popular demands for a boundary between the kind of people so diseased and the respectable

Just Coercion? Detention of Nonadherent Tuberculosis Patients

  • R. Coker
  • Medicine
    Annals of the New York Academy of Sciences
  • 2001
The policies of New York City and England are presented, and the argument is made that neither is just.

The constitutional balance between health and liberty.

  • D. J. Merritt
  • History, Political Science
    The Hastings Center report
  • 1986
The history of communicable disease control does not point to a single resolution of the AIDS crisis, and new regard for individual liberties will be balanced both by the desire to protect the public health and by the same kinds of social fears that led to strict quarantines and eugenic laws during the early part of this century.

The law and the public's health: a study of infectious disease law in the United States.

The Article reports the results of a fifty-state survey of communicable disease control law, revealing that few states have systematically reformed their laws to reflect contemporary medical and legal developments.

Extensively Drug-resistant Tuberculosis(XDR-TB)

Extensively drug-resistant tuberculosis (XDR TB) is a relatively rare type of multidrug-resistant tuberculosis (MDR TB). It is resistant to almost all drugs used to treat TB, including the two best

XDR-TB in South Africa: No Time for Denial or Complacency

The threat to regional and global public health posed by XDR-TB in KwaZulu-Natal is discussed, and new measures to control the outbreak are proposed.


  • E. Lieber
  • History
    International journal of dermatology
  • 1994
It is generally asserted that little or no evidence exists of the presence of true leprosy in the ancient Middle East and that, moreover, its pathognomonic signs are nowhere described in the Bible.

World Health Organization

The data and methods used to produce the Version 2 estimates of burden of hypertensive disorders of pregnancy for the year 2000 are summarized and the long-term sequelae of both preeclampsia or eClampsia are not well evaluated.

Origins of International Health Work

Because of financial limitations and the consequent necessity for making the best possible use of the funds allotted to the advisory services, certain guiding principles for the selection of projects have been set up by the Executive Board of W.H.O.