Can you refuse to be quarantined?

Quarantine is a preventive measure to limit the spread of an infectious disease. Mandatory quarantine is directed by the sanitary-epidemiological service or it occurs automatically, among others after obtaining a referral for a COVID-19 test. Is it possible to disagree with this obligation? Can a person who has received information about the need for quarantine refuse to go through with it?
According to the Act on Preventing and Combating Infections and Infectious Diseases in Humans of December 5, 2008, quarantine is one thing and isolation is another.
Quarantine is isolation of a healthy person who was exposed to an infection. It is implemented in order to prevent spreading of particularly dangerous and highly contagious diseases.
Isolation, on the other hand, is the isolation of a person or group of people already sick with a contagious disease or a person or group of people suspected of having a contagious disease, in order to prevent the transmission of a biological pathogen to other people.
In case of violation of the quarantine obligation, the state district sanitary inspector imposes on the person violating such obligation a fine in the amount of up to 30 000 zlotys.
The duration of quarantine depends on the incubation period of the disease. In the case of quarantine caused by exposure to the SARS-CoV-2 virus, the rules regarding the length of the quarantine and its end have changed several times. Currently, the period of mandatory quarantine due to exposure to SARS-CoV-2 infection for persons who do not have symptoms of COVID-19 disease or contact with an infectious source ends 10 days after the day following the last day of exposure or contact, respectively. The state district sanitary inspector, in justified cases, decides to shorten or exempt the obligatory quarantine.
Although mandatory quarantine may be applied more than once to the same person until it is determined that there is no threat to human health or life, as of October 24, 2020, the obligation to undergo quarantine does not apply to a person who has completed hospitalization, isolation or home isolation due to being infected with SARS-CoV-2 virus.
Since March 2020, the rules for quarantine due to exposure to SARS-CoV-2 have changed several times. Currently, the obligation to undergo quarantine may result from the law (in the case of crossing the state border and in connection with a referral for laboratory diagnostics for SARS-CoV-2), as well as from the fact that the person is placed in quarantine by the sanitary inspection authorities. Even in the latter case, no administrative decision will be issued, but only the relevant information will be posted in the ICT system and transmitted to the person concerned.
In addition, as of November 3, 2020, a person who cohabits or shares a household with a person who has been found to be infected with the SAR-CoV-2 virus, from the date on which the person who has been found to be infected with the SARS-CoV-2 virus receives a positive diagnostic test result for SARS-CoV-2, is required to undergo quarantine lasting until 7 days have elapsed from the date of completion of isolation of the person with whom he or she shares a household or resides. In this case also, the decision of the sanitary inspection authority is not issued.
In the course of the changes introduced to date, the role of the sanitary inspection authorities in directing individuals to quarantine in case of exposure to the disease caused by the SARS-CoV-2 virus has been significantly reduced – in particular, the issuance of administrative decisions. Consequently, the possibility of challenging the legitimacy of the referral to quarantine through appeal has also been limited. At the same time, the state authorities are equipped with a number of measures enabling them to compel compliance with the mandatory quarantine.
If a violation of a quarantine obligation in relation to preventing, counteracting or combating COVID-19, imposed by a competent authority or resulting from legal regulations, is found, the state district sanitary inspector imposes a fine of up to PLN 30,000 on the person violating such an obligation by way of an administrative decision.
In addition, failure to observe the quarantine rules may result in consequences provided for in the misdemeanor code and, in extreme cases, even constitute a crime and give rise to criminal liability.
Evading the quarantine rules may also result in administrative enforcement proceedings being initiated to force the party to comply with the above mentioned obligation.
Even if you do not agree with being in quarantine, you may be forced to abide by the quarantine rules. During quarantine you will not be allowed to leave your quarantine accommodation, even to walk your dog or go to the stores or have contact with other people, and you may be prosecuted if you break the quarantine rules.

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