Quarantine

Quarantine (Germany: [karanˈtɛːnə]; Austria: [karanˈteːnɛ], [karanˈteːn] or [kv~]; Switzerland also: [kʊ̯aranˈtɛːnə]) is a temporary isolation (ordered by the authorities) of humans, animals or plants suspected of being ill with or carriers of certain infectious diseases in order to protect a society from contagious diseases. In the case of imported animals and plants, quarantine is also provided for as a preventive measure in the import regulations of the respective country in order to exclude the spread of disease. The duration of quarantine depends on the incubation period of the suspected disease. Quarantine is a very costly but also very effective disease hygiene measure, which is used in particular for highly contagious diseases with a high mortality rate.

Etymology

Generally, the term is used for a temporary isolation. The word "quarantine" entered German in the 17th century, like Italian quarantena, from French quarantaine de jours ("forty days"). The French word quarantaine was derived in the 12th century from Gallo-Roman quarranta, which came via vernacular Latin from Latin quadraginta ("forty"). A travel ban on arrivals suspected of plague, which arose around 1400 - Venice banned ships suspected of plague from entering the port as early as 1374 - was referred to in Italy as quaranta giorni (forty days). The Spanish expression "la cuarentena" also refers to the isolation of mothers and their newborns for a certain period of time. The custom of a forty-day seclusion is also found in Lev 12:1-8 EU. In the 19th century, another common word for quarantine was contumaz (Latin contumacia, meaning defiance, pride, stubbornness, unbendingness). In the field of maritime shipping, quarantine refers to the waiting period of ships before living creatures, goods and other commodities may be imported. During the Cuban Missile Crisis, the term quarantine was used as a proxy for the naval blockade.

Communicable disease control in Germany

Order of quarantine by the health department

In Germany, quarantine regulations are regulated in § 30 of the Infection Protection Act (IfSG). These provisions state that the health authorities can and must order special isolation measures in hospitals in order to combat transmissible diseases. If this is done against the will of the sick person, it is a matter of deprivation of liberty which requires a court order on application by the public health authority (Article 104.2 of the Basic Law, Section 30.2 sentence 4 of the IfSG, Sections 415 and 417 of the Family Proceedings Act).

According to the Infection Protection Act, only pneumonic plague and haemorrhagic fever are subject to quarantine. The affected patients are treated in special isolation wards. Only the attending physicians, nursing staff and chaplains have access to the sick person; other persons may be permitted or denied access by the physician (§ 30 para. 4 IfsG).

In the case of other diseases, such as cholera or multi-resistant germs, less stringent isolation measures are used. It is also possible to isolate sick and suspected sick people "in an otherwise appropriate manner" in a domestic quarantine or other building.

Special form: Domestic quarantine

In the course of the COVID 19 pandemic, orders of domestic quarantine are issued in Germany for persons who have been in a risk area or had contact with a COVID 19 sufferer in the previous 14 days and are thus considered to be suspected of being infected without themselves being ill or suspected of being ill; as "a temporary seclusion". The duration of the measure is usually ordered and terminated by the competent health authority.

People affected by domestic quarantine are not allowed to leave their homes or receive visitors. In addition, you are advised to monitor your state of health and, for example, measure your body temperature twice a day and keep a diary of any signs of illness.

Special form: Domestic insulation

For COVID-19 sufferers with mild symptoms, domestic isolation is ordered under certain conditions. In addition to the restrictions of domestic quarantine, contact with household members should be reduced to an absolute minimum and, where unavoidable, should be at a distance of 1.5 m as well as respective mouth-nose protection. Members of a risk group should not remain in the same household.

Objection / challenge by data subject

Objections and actions for rescission against measures taken by the public health authorities to prevent the spread of communicable diseases do not have suspensive effect because of their particular importance for public health (Section 28(3), Section 16(8) IfSG, Section 80(2)(3) VwGO), so that provisional legal protection must first be sought from the administrative court (Section 80(5) VwGO). Representatives of the public health authorities are entitled to monitor the measures (Section 28(3), Section 16(2) IfSG).

Measures in case of non-compliance

Affected persons who do not comply with isolation measures ordered by the authorities may be forcibly placed in a locked facility by court order (section 30 (2) IfSG). In urgent cases, the court may also order temporary deprivation of liberty (section 427 FamFG). In addition, it may suspend, extend or revoke the enforcement of the deprivation of liberty (sections 424, 425 and 426 of the Family Proceedings Act).

Violations of enforceable quarantine orders according to § 30 para. 1 sentence 1 IfSG (i.e. ordered because of pneumonic plague or haemorrhagic fever) constitute a criminal offence and are punishable by imprisonment of up to two years or a fine (§ 75 para. 1 no. 1 IfSG). Violations of enforceable residence orders pursuant to Section 28, Para. 1, Sentence 1 or 2 IfSG and of enforceable quarantine orders pursuant to Section 30, Para. 1, Sentence 2 IfSG, which were issued due to other diseases, may be punished as administrative offences with a fine of up to 25,000 euros (Section 73, Para. 1a, No. 6 in conjunction with Para. 2 IfSG). If someone was infected as a result of the violation, the violation can be punished as negligent bodily injury (Section 229 of the Criminal Code) with imprisonment of up to three years or a fine or, in the case of (conditional) intent, as dangerous bodily injury (Section 224 Para. 1 No. 1 of the Criminal Code) with imprisonment of six months to ten years (in less serious cases of three months to five years). In the case of (conditional) intent to infect, the offence is punishable as an attempt at dangerous bodily harm (section 224, paragraph 2 of the Criminal Code). If applicable, the offence is punishable as dissemination according to § 74 IfSG, which provides for imprisonment of up to five years or a fine. The spread of pneumonic plague or haemorrhagic fever through a quarantine violation is punishable by imprisonment of three months to five years under Section 75(3) of the IfSG, unless the offence is punishable by a more severe penalty under other provisions (e.g. as dangerous bodily harm, unless the case is less severe). Spreading is understood to mean the transmission of the disease to another with the intention of infecting an unspecified number of people. The model for Section 63 of the Federal Epidemics Act, the predecessor provision of Section 75(3) IfSG, was the similar provision in Article 231 of the Swiss Criminal Code in 1961. Since bodily injury offences were punished more mildly in Germany at that time than today, the scope of application of Section 63 of the Federal Epidemics Act, which threatened imprisonment of six months to five years, was broader than that of Section 75(3) IfSG today.

Rules on compensation for loss of earnings

Persons who are unable to pursue their previous occupation due to quarantine and who suffer a loss of earnings as a result receive compensation in accordance with Section 56(1) sentence 2 IfSG. For the first six weeks, it is granted in the amount of the loss of earnings (net pay, § 56, para. 3 IfSG), from the beginning of the seventh week in the amount of the statutory sick pay. The due date of the compensation is determined by the due date of the remuneration (§ 56, Subsection 6, IfSG). This also applies if an employee becomes incapacitated for work during the quarantine. His entitlement to continued payment of remuneration in the event of illness against the employer is then transferred to the Land liable to pay compensation (Section 56(7) IfSG). If the person entitled to compensation is granted unemployment benefit or short-time allowance during the quarantine, his claim to compensation is transferred to the Federal Employment Agency (Section 56(9) IfSG).

The obligation to be insured in the statutory social insurance continues (§ 57 IfSG). Contributions are covered by the compensation. Persons not subject to compulsory insurance are entitled to reimbursement of their social security expenses to an appropriate extent (Section 58 IfSG).

The compensation is tax-exempt (section 3 no. 25 EStG) and is not subject to annual wage tax equalisation by the employer (section 42b (1) sentence 3 no. 4 EStG). A special tax rate is applicable to the taxable income (Section 32b (1) sentence 1 no. 1e EStG).