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The draft presidential decree that renews the state of emergency once again allows the mandatory confinement of infected people or under active surveillance, as well as the total or partial closure of establishments, services and companies.
According to the diploma that followed to vote in the Assembly of the Republic, the exercise of the rights to freedom and displacement is partially suspended, allowing, “to the extent strictly necessary and proportionally, the mandatory confinement in a health facility, at home or, when it is not possible there, in another place defined by the competent authorities, of persons carrying the SARS-CoV-2 virus, or under active surveillance “.
The draft decree of the President of the Republic also limits the exercise of private, social and cooperative initiative, establishing that “the total or partial closure of establishments, services, companies or means of production may be determined by the competent public authorities and impose modifications to the respective operating hours or regime “.
Neither the compulsory confinement nor the closure of establishments are provided for in the decree of the state of emergency currently in force, which applies to the fortnight between November 9 and 23, but which were contemplated in the previous decrees, of March 18 , April 2 and 17. of April.
Prohibition of movement in groups of municipalities
The presidential decree project that renews the state of emergency allows groups of municipalities to take restrictive measures to contain covid-19, including the prohibition of circulation in certain periods or days of the week.
In the terms of the diploma that followed for the vote in the Assembly of the Republic, “In municipalities with higher levels of risk, the necessary restrictions may be imposed to reduce the risk of contagion and implement measures to prevent and combat the epidemic, and the measures to be adopted must be calibrated according to the degree of risk in each municipality.”
According to the draft decree, the exercise of the rights to freedom and movement is partially suspended so that these restrictions are allowed in the municipalities, “and, for this purpose, they can be grouped according to the data and assessment of the competent authorities, including the prohibition of circulating on public roads during certain periods of the day or certain days of the week, as well as the unjustified travel ban ”.
Regarding the trips that are considered justified, another paragraph establishes that “they must provide the essential rules for obtaining medical attention, for the support of third parties, that is, the elderly, including those housed in residential structures, for the assistance to educational establishments, for the production and supply of goods and services and to travel for other important reasons, and it is up to the Government, in this case, to specify the situations and purposes in which individual freedom of movement is maintained, preferably without accompaniment ”.
Possibility of dismissal on the NHS
The diploma of the President of the Republic that renews the state of emergency establishes that “The possibility of terminating the labor relations of workers in the services and establishments of the National Health Service (SNS) may be limited.”
This possibility is introduced in the article on the partial suspension of the exercise of workers’ rights, which states that “the resources, means and establishments of comprehensive health care may be used by the competent public authorities, preferably through agreement. in the private, social and cooperative sector, through fair compensation ”, for the treatment of patients with covid-19 or other pathologies.
Another novelty of the draft presidential decree that will be voted on Friday in the Assembly of the Republic is the limitation of the right to the protection of personal data so that “there is a place for the processing of personal data to the extent strictly necessary for the implementation of the measures provided for in paragraph 3 “- on conducting epidemiological investigations, contact tracing and monitoring of people under active surveillance -” and in article 5 of this decree “- on temperature controls and diagnostic tests for access to certain spaces.
However, it is determined that this processing of personal data can only be carried out “without, in this case, being able to keep a memory or record of the body temperature measurements performed or the results of the diagnostic tests for SARS-CoV-2” .
In the context of limitations on private, social and cooperative initiatives, it is now envisaged that “adequate and indispensable measures may be adopted to guarantee normal conditions in the production, transport, distribution and supply of essential goods and services for the activity of the sector of information”. Health”.
These measures may be adopted “in particular in order to ensure access and regularity in the circuit of medicines and vaccines, medical devices and other health products, such as biocides, disinfectant solutions, alcohol and personal protective equipment.”
If the renewal of this legal framework now proposed by the President of the Republic is approved by parliament, the state of emergency will be in effect from November 24 to December 8.
