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Hotel quarantine is form of civil detention, court told
Updated / Friday, 16 Apr 2021
15:33
Lawyers said the law had inadvertently created detention but the protections that ought to be there under the constitution were not in place
Legal Affairs Correspondent
The Minister for Health has created a form of widespread civil detention which is unprecedented in this country and is not being operated in accordance with the constitution, lawyers for a woman challenging her detention in hotel quarantine have told the High Court.
They said the law had inadvertently created detention but the protections that ought to be there under the constitution were not in place.
RTÉ Courts Reporter
The High Court is to inquire into whether or not the detention of a woman who is in mandatory quarantine in a Dublin hotel is lawful.
The court agreed to hold the inquiry on Monday after lawyers for the Minister for Health conceded for the purposes of this case that the woman is in detention.
Inbar Aviezer, who is vaccinated against Covid-19 and has tested negative after arriving from Israel has taken a High Court action under Article 40 of the Constitution challenging what she says is her unlawful detention.
Senior Counsel Michael Cush told the High Court this morning the State would argue that the public health mandatory quarantine regime in its purpose and nature is triggered by a voluntary action and was fundamentally different from the type of detention that is normally challenged under Article 40 of the Constitution.
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