A pandemic requires swift and efficient action. Because of health rules, the criminal justice system can introduce fines, penalties, and even jail sentences. Here lies the great question: criminal law may stop the pandemic, but at what cost to basic rights? The health of the people may contradict human rights; therefore, their upholding must be done in a just manner.
Challenges of Using Criminal Law
Traditionally criminal law takes care of obvious wrongs such as theft and violence. A pandemic is a public health crisis and is not your usual crime wave. Still, several governments enforce criminal penalties for breaches of quarantine requirements, curfew orders, and mask mandates. Violators can be fined or arrested, which on the face of it, seemed like a simple way to protect public health.
This can backfire when public health measures are treated as crimes. Criminalizing behavior pertaining to an illness may prevent a person from seeking medical assistance or reporting symptoms, which indeed defeats the purpose of attempting to suppress the virus.
When Punishment Backfires
Rules are best observed when people understand and trust them, seldom merely due to the fear of fines or penalties. Strict compliance under limitations can be difficult for many, mostly for people with few resources. Consider an individual in whom it would not be an option to lose a couple i.e., days of earning since the person is living paycheck to paycheck; or maybe this person resides in a place so packed that two weeks of quarantine looks like an impossible act. Punishment in such scenarios only causes more stress to the person while not increasing compliance.
Any form of harsh punishment encourages people to conceal their symptoms or avoid testing due to fear of fines or even arrests. Essentially, this behavior impedes the containment of viruses on a larger scale and acts detrimentally toward public-health efforts.
Who Bears the Burden?
Punitive measures almost invariably impact the most vulnerable people: low-paid workers, migrants, and the informal workers. During recent pandemics, they fined people for all but buying food, whereas the richer ones may have gotten a slap on their wrist for the same offences.
Such unequal enforcement undermines the trust of people into authorities. As long as law is viewed as unfair by the citizens, their willingness disappears to aid the eminent authorities, hence posing threat in making the pandemic response stronger.
What Actually Works Better
Punitive measures are far less effective than encouraging ones. Encouraging people to comply with health guidelines by providing incentives entails several things: paid sick leave, food delivery, free testing, and clear and truthful information.
Public health advice is best followed by people who feel supported, not threatened; they follow it because they understand its purpose and not because they are scared.
Building Trust Is Key to Effective Pandemic Control
Trust is one of the most important lessons recorded from recent outbreaks. When people trust their government and health officials, they obey voluntarily. Heavy reliance on criminal penalties can instead breed fear and suspicion.
Building trust necessarily means being transparent, communicating clearly, and providing actual support. Easy access to healthcare and financial support while in isolation establishes the conditions whereby cooperation ensues on autopilot. A community that believes itself to be respected is more likely to provide truthful information and participate fully in health activities.
What We Should Remember Next Time
Societal creeds come under test during pandemics. There stands a choice of punishing those who are frightened and struggling, or helping them support their safer choices. How these moments are embraced may even be remembered very long after the crisis is over. On the converse, criminal law can help enforce pandemic containment measures, although it remains the imperfect one. For example, misuse will add harms and deepen distrust. Hence answering the question of which is more important, protecting public health or protecting personal rights.