Measures of a State of Health Emergency to Limit The Outbreak of The New Corona Epidemic in The Balance of Protection & Punishment (A Comparative Analytical Study in French Legislation & Kuwaiti Legislation)

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.