Abstract:
The world recently witnessed an unprecedented turn on human rights and freedoms due
to the outbreak of the new Corona epidemic. Since the beginning of this year, most countries
of the world, in order to restore normal life, have launched a package of health measures of
an exceptional nature restricting some human rights and freedoms inside and outside their
lands; in order to confront the risk of infection with this epidemic. That killed thousands of
people and devastated the global economy. States differ in the mechanism of taking those
measures that imposed penal sanctions on their violators, some of which tend to be severe and
others tend to be implemented gradually. Governments, becoming responsible for Corona
confrontation, bear a diffcult mission to balance between protecting the rights and freedoms
of individuals, and protecting them from this epidemic. Knowing that, imposing penal
sanctions are the basis for achieving that balance. This paper, we will try to shed light on the
philosophy that both Kuwaiti and French legislators followed to balance between people's
rights and the responsibility of their protection, to confront this epidemic. We followed a
comparative analytical approach to achieve our goal; This required dividing the research
into two sections. In the frst section, we tackle the health emergency measures in the time
of Corona; In the second section, we review the criminalization and punishment mechanism.
