Court resolves request for clarification from MinSalud on PCR test – Courts – Justice



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The Eleventh Administrative Court of the Bogotá circuit ratified its decision that the PCR test should be requested from travelers entering the country and that they must also keep isolation for 14 days.

He did so when responding to the clarification requested by the Ministry of Health.

(In context: Court orders Minsalud to demand proof of covid-19 from travelers)

One of the questions of the Ministry was until when these tests should be applied to those that the court responded that they should be required until the following conditions are met:

– When you have a safe and effective vaccine.

– When the analysis factors that facilitate decision-making are met, in accordance with what is indicated by the WHO, related to epidemiology and local transmission guidelines, national public health and social measures to control outbreaks both in the country of origin as well as the country of destination, the capacity of the public health and health services at the national and sub-national levels, to manage suspected and confirmed cases among travelers, including points of entry (ports, airports, border crossings terrestrial), to mitigate and manage the risk of importing or exporting the disease and the evolution of knowledge about the transmission of COVID-19 and its clinical characteristics.

– That the national government decree the termination of the sanitary emergency in the national territory, with adequate and sufficient epidemiological conditions and public health security for the population; This is due to the fact that the country is in a health emergency until February 28, 2021, in accordance with the instruction and indications given on November 25 today, by the Minister of Health, so it is necessary to act accordingly. , protecting the life and public health of the Colombian population, through the adoption of all the measures that favor the protection of these rights, that is, to contain, reduce and mitigate the consequences of the virus; Thus, new infections must continue to be prevented, reducing the number of people circulating within the country and
that are asymptomatic, resulting in a lower probability of an increase in
the risks of collapse of the public health system.

-People who have a test taken for a term longer than 48 hours, even if it is a negative result, must comply with the preventive isolation of 14 days.

-This test will be required of all passengers including children 2 years and older.

In context: Judge will define if Minsalud disregarded ruling on tests to travelers.

In the decision of nine pages, the office gives a term of 96 hours counted from the notification of the decision to begin the fulfillment of the order.

It also recalls current legislation that states that “the sentence is not revocable or reformable by the judge who pronounced it. However, it may be clarified, ex officio or at the request of a party.”

He also indicated on another question from the Ministry, that the test that must be applied is the same that was being carried out in the country before the government issued the resolution that suspended its application.

He also responded that people who have a test taken for a term
longer than 48 hours, even if it is a negative result, they must comply with the
14-day preventive isolation. “The above, because the traveler can
have a viral load that so far is replicating, in other words,
fulfilling the viral replication time “, says the clarification.

He insists that the test will be required of all passengers including children of
2 years on and that it is not up to your office to tell the Ministry how to “comply with the referred sentence.”

Finally, he pointed out that taking into account that when issuing the sentence there are passengers on the flight to Colombia, a period of 96 hours is given so that they can enter the country without setbacks and after that period “the test-taking certificate must be required. PCR that determines SARS-Cov-2 NEGATIVE “.

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