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After the questioning raised by the statements of the Health Ministry of the Metropolitan region, Paula Labra, in relation to the inspection of homes during these national holidays and the powers that concern said authority, from the National Institute of Human Rights they came out to clarify some questions and announced that they will officiate at the Health authorities.
They pointed out that “in a State of Catastrophe and Health Emergency, the State has exceptional powers and can only limit the right to assembly and movement, to protect the health, life and safety of the population.”
“The Constitution of Chile ensures the right to the inviolability of the home and of all forms of private communication (Article 19 No. 5)”, and mention that “the Universal Declaration of Human Rights establishes the right to privacy (article 12).
Along these lines, they clarify that “the State health and law enforcement authorities may only enter a person’s home if they voluntarily agree to do so, there is a court order or there are obvious signs that a crime is being committed.”
“The sanitary code it allows exceptional attributions to the authority, but they must always be exercised respecting human rights ”.
Finally, they argue that “the INDH will send a letter to the health authorities today (Tuesday), consulting the legality of the announced measure.”
The inspection in detail
It was this Monday when the Minister of Health of the Metropolitan region, Paula Labra, said in an interview with Radio Bío Bío that the inspectors were empowered to enter homes and verify compliance with the plan “go to your house”, which was questioned from some sectors due to the current regulations that establish the inviolability of the home, with few exceptions.
However, this Tuesday Labra detailed the procedure in depth, noting that the inspectors are empowered to “make a search resolution, a search warrant that is signed by the highest authority, the seremi in this case.”
For his part, the mayor of the Metropolitan region, Felipe Guevara, He explained that “the police authority can enter a home to verify the identity and number of people who are at that home.”
This could occur after a complaint, for example, of a party or a ramada where agglomerations are generated. “The police are going to come to that place to supervise what is happening there and of course they will take all the corresponding measures,” he argued.
It’s more, He clarified that “the health authority cannot do it by its own means, but with the support of the police.”
He explained that if it is found that there is a flagrante delicto, which is the result of a complaint, what corresponds “is that the authority does the inspection and for that people will have to identify themselves and indicate the number where they are in that place.”
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