The State health emergency under Covid-19 (original) (raw)
Related papers
2020
The legislative changes concerning health protection issues presented in the article are temporary, however, it is not known how long the pandemic will last. Defrosting the economy is risky, but necessary for the proper functioning of the state. Too hasty "loosening" of the medical services sector may increase the incidence and, consequently, affect other spheres of life. Therefore, it is so important and a priority to maintain precautionary measures as long as possible, which justifies the actions taken by the state and interfering with the sphere of functioning of medical entities. The article attempts to answer the question whether the right to health protection has been limited by COVID-19. It should be noted that health services other than those related to epidemic control have been significantly reduced. Specialists who dealt with, among others aesthetic medicine or dentistry could be delegated to work on COVID-19. As a result, both medical entities providing these services and patients were restricted from using such services, and consequently were prevented from fully exercising their right to health protection.
Some Shortcomings of the Legal Framework Applicable in the Covid-19 Context
2021
ABSTRACT: The article presents some aspects of the recent past of the pandemic with COVID-19, namely during 2020, either from a state of emergency or from a state of alert that was established in Romania. The exceptional situation still found around the world has led public authorities to take unprecedented action and to quickly develop a legal framework to implement these measures. The regulations adopted were not without ambiguities or ambiguities, which is why, in this study we set out to present some examples, namely: the situation of homeless people, rail passenger transport, restricting traffic exclusively in the metropolitan area, protection of chronic patients and not only. The aim of the research is to identify solutions to improve the legislation starting from concrete cases, but also to present the difficulties that the Romanian state authorities have faced and continue to face, in some cases and what solution has often been brought for balancing the relationship between ...
VBCL Law Review, 2020
Most medical transformations in the earlier part of the 20th century have been towards the recognition of impact and chronic diseases and also epidemics and pandemics in a given geographical area. There is a concept called the lifestyle theory which focuses on the individual lifestyle of a person or citizen living in a geographical area and how upon such contact with chronic disease does this individual have to follow strict a strict regime and also such guidelines that the government prescribes during such an epidemic or pandemic and it also prescribes how a healthy individual has a responsibility to maintain Healthy lifestyle in order to protect the public health indirectly. Protection of the right to health and ensuring public health has been a role fixed upon the Legislature and instances protection of Public Health of citizens by providing adequate healthcare facilities and ensuring proper Healthcare facilities through such legislative framework has been Duty cast upon the government ever since the role of the sovereign has changed from a model police state to that of larger welfare state model.
COVID-19 PANDEMIC AND THE RIGHT TO LIFE -DIFFERENT RESPONSES ACCORDING TO THE STATE HEALTH SYSTEM: COMPARISON STUDY IN DIFFERENT REALITIES (Atena Editora), 2022
This article presents a comparative study carried out between countries from all continents of the world (with the exception of Oceania and Antarctica) in the context of the COVID-19 pandemic, in order to identify the governmental measures taken to combat the emergency crisis, their effectiveness in protecting the fundamental rights to the life and health of the population, and the differences in the guarantee of these rights according to the health system model (public or private) adopted nationally. To this end, bibliographic and documentary research was carried out (in governmental sources, national and international institutions and non-governmental organizations). The data collected were comparatively analyzed, according to the following parameters: (I) rates of contamination, lethality and vaccination of the population; (II) nationally adopted health system; (III) government measures taken to combat the pandemic. The period evaluated by the research was from March 2020 (month in which the pandemic was officially declared) to July 2021 (end date of the research project). The following countries were investigated: Brazil, USA, Mexico, Italy, UK, Spain, Germany, China and South Africa.
Constitutionalism Under Extreme Conditions, 2020
The current chapter deals with public health emergencies and their linkages to constitutional law and theory. The ongoing COVID-19 pandemic poses myriad challenges to constitutional regimes around the world. However, it is by no means the first time that public health emergencies have led to questions of constitutionalism. Past instances of disease outbreaks had already highlighted how emergency legal frameworks unfold when facing the challenge of containing their spread. Against this backdrop, the chapter focuses on pre-COVID-19 instances of cross-border epidemics and pandemics, such as A(H1N1) Influenza, Ebola and Zika, and some of their implications for constitutionalism. These examples of infectious disease outbreaks are assessed by resorting to three models-archetypes of constitutional emergencies as a theoretical background. As they show a coupling between the international and national levels, a brief glimpse at applicable international law regimes is put forward. Ultimately,...
The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law
Ius Humani. Law Journal, 2020
The principles of adjusting the regulation of civil relations in the context of the Covid-19 pandemic are analyzed. The admissibility of restricting human rights in the context of the conflict of private and public interests are researched. Besides, the authors tried to determine the optimal algorithm of government actions aimed at preventing the spread of the epidemic. The main approach to the understanding of human rights in the article is based on Dworkin's concept of “rights as trumps”. A system of such categories as “a man”, “a private person”, “natural private rights”, “private law” and “national civil law” is analyzed. The conclusion is that the importance of the category of “natural” human rights is underestimated, which exacerbates the problem of ensuring human rights in a pandemic, when the state actively uses public law to cope with the crisis. As a result, there is a conflict of basic principles of private and public law: “everything is allowed except what is prohibi...
From the pandemic to the recovery: a legal analysi
Estudios de Deusto
The Covid pandemic has raised various legal issues, fueling the scientific debate on the relationship between fundamental rights and freedoms in the global emergency context. Moreover, a case law has started developing within the different jurisdictions. Additionally, constitutional Courts, in different countries, have ruled over potential conflicts of interest among central powers and local ones, and even some decisa of the Court of Justice of the European Union have started “blossoming” in this area. Against the backdrop of this analysis, the paper discusses the main legal problems sparked off by the declaration of the state of emergency, with a focus on the main EU jurisdictions and with glimpses of non-EU countries. The aim of this is to discuss the balance between fundamental rights and liberties in decisa in different legal systems, as well as the interpretation given to principles of proportionality of the public health measures, adequacy, precaution and loyal collaboration a...
Political and constitutional approach toward COVID 19
Zbornik Pravnog fakulteta Sveučilišta u Rijeci, 2021
This paper analyzes the political and constitutional confrontation of Kosovo and Croatia with the COVID-19 pandemic. The similarities of the constitutional provisions governing emergency situations and possible restrictions on human freedoms and rights in both countries, alongside hybrid parliamentary systems with strong presidents, have produced the same approaches, respectively similar in political and constitutional terms as well as in the academic and professional aspect. Therefore, this paper is focused more on government responses to the situation, including divergences between presidents and governments, as well as constitutional court approaches and respective academic opinions on the subject axis: extraordinary measures within the ordinary or extraordinary legal order with a formal declaration of a “State of Emergency”. Both countries set out for the first model, contenting themselves with amending legal frameworks without a formal declaration of a state of emergency. How a...
Przegląd Prawa Konstytucyjnego, 2022
The outbreak of the COVID-19 epidemic in the world made it necessary to take action to minimize the negative consequences for human health and life and the economy. Citizens' political freedoms and rights are among the most important rights in a democratic state. In Poland, the Minister of Health introduced the "state of epidemic" by way of a regulation. The procedure and rank of adopted legal acts raised constitutional doubts from the very beginning. First of all, the failure to introduce one of the constitutionally defined states of emergency, especially a state of natural disaster, which by its nature corresponded the best to the epidemic situation in the country. The author put forward the thesis that the state of the epidemic announced in Poland did not meet the constitutional requirements and that there were no grounds for the introduced restrictions on the freedom and rights of an individual. Legal solutions introduced in selected countries in terms of their constitutionality are also compared.