The Impact of the Newly Revised Habeas Corpus Act on Isolation of Patients with Communicable Diseases

DOI: 10.6525/TEB.20151013.31(19).002

Shin-Rou Lin^＊

2015 Vol.31 NO.19

Correspondence Author： Shin-Rou Lin

Abstract：

  The newly revised Habeas Corpus Act permits any person who is arrested or detained by any administration by any cause to challenge the legality of his or her detention before a court. Public health officials who use measures involving arrest and detention, particularly the routinely implemented tuberculosis isolation, would have to comply with specific due process protections required by the new law. To assist public health practitioners to fulfill the requirements of the new Habeas Corpus Act, this article analyzes the content of the new law, what control measures constitute arrest and detention, and how public health officials should comply with the legal requirements when using isolation measure on patients with communicable diseases.