HEALTH EMERGENCY
Date: March 12th ,2020
Regulation: Decree 260/2020, DNU Coronavirus
PANDEMIC AND PUBLIC EMERGENCY
On March 12th, 2020, the Decree 260/2020 was published in the Official Gazette´s supplement. As it is well known, the COVID-19 (also known as CORONAVIRUS) was recently declared as a Global Pandemic by the World Health Organization (WHO). This declaration and the high rate of spread that the infection has, mobilized our authorities to promote a series of measures to avoid the outcome that it had in other countries.
One of those measures was to extend for one year since December 12TH, 2020, the Public Emergency declared by Law N° 27.541/2020 (Law of Social Solidarity and Productive Reactivation in the framework of Public Emergency).
ENFORCEMENT AUTHORITY
The Ministry of Health was assigned by the mentioned Decree as the enforcement authority, empowering them to carry out any act aimed to mitigate the spread of the pandemic and its health impact. Some of their duties are related to: (i) provide recommendations and measures in order to minimize the health impact; (ii) carry out educational and awareness campaigns; (iii) recommend travel restrictions to or from affected areas; (iv) urge symptomatic people from affected areas to abstain from traveling to Argentina; (v) acquire supplies necessary to attend the ill, without being fixed to the contracting regime of the national administration; (vi) hiring former officials or retired medical staff, exempting them temporally from the incompatibility regime; (vii) authorize, as an exceptional and temporary situation, the hiring of qualified health professionals and technicians from abroad, whose title is not legalized in Argentina; (viii) coordinate with the different jurisdictions, sanitary disinfection measures in means of transport and public places or where there is or may be an agglomeration of people.
Moreover, the Ministry of Health in accordance with Ministry of Productive Development, have to adopt a policy in order to avoid the shortage of critical supplies, like alcohol gel or face masks, and set measures like maximum prices. In spite of the preventive measures, the health authority will also have to monitor the evolution of the people that are already infected and the ones that have been in contact with them.
Finally, it was established that the enforcement authority is empowered to create norms needed to comply with the decree, modify deadlines and establish exceptions.
AFFECTED AREAS
The Decree also communicates which are the areas affected by the COVID-19 pandemic. This list will be actualized on daily basis by the Ministry of Health. Up to now, the countries included are: (i) member states of the European Union, (ii) members of the Schengen Area, (iii) United Kingdom and Northern Ireland, (iv) United States, (v) Korea, (vi) Japan,(vii) China and (viii) Iran.
MANDATORY ISOLATION- NON-COMPLIANCE.
In relation with the mandatory isolation, the norm states that it must initially be implemented for 14 days, being this period subject to change by the decision of the enforcement authority. The mandatory isolation will affect the following people:
- Suspicious cases: This refers to the people that have a few symptoms such as fever and one or more respiratory problems. Also, they have traveled, in recent days, to the “affected areas” or have been in contact with confirmed or probable cases of COVID-19.
- Confirmed cases: People with medical confirmation from COVID – 19
- Close contacts: People that have had close contact with the confirmed cases.
- Arrivals from affected areas: Those who arrived in the country having traveled through “affected areas”. They must provide information of the itinerary, declare their address in the country and undergo a medical examination to determine the potential risk of contagion and the preventive actions to be followed.
- Previous arrivals from affected areas: People who have arrived in the country in the last 14 days, having passed through “affected areas”.
Non-resident foreigners that do not comply with the regulations on compulsory isolation and the sanitary measures cannot enter or remain in the country, barring the exceptions provided by the health or immigration authority.
On the other hand, the decree adds that if a breach on the isolation and other obligations is verified, the authorities must file a criminal complaint to investigate the possible commission of the crimes provided in articles 205, 239 and related of the Penal Code.
According to these articles of the Penal Code, “he who violates the measures adopted by the competent authorities to prevent the introduction or spread of an epidemic will be punished with imprisonment for six months to two years” and “will be punished with fifteen days to one year of imprisonment, whoever resists or disobeys a public official in the legitimate exercise of his functions, or the person who provides assistance at his request or by virtue of a legal obligation ”.
OBLIGATION TO REPORT SYNTOMPS
Whoever presents symptoms compatible with COVID-19 diagnose must immediately report this situation to health providers.
TEMPORARY SUSPENTION OF FLIGHTS
Another measure adopted by the Decree is related to suspending flights that bring international passengers from the “affected areas” for 30 days. The extension or abbreviation of this period depends on the evolution of the epidemiological situation and will be decided by the enforcement authority. However, some exceptions may be provided in order to help Argentinian residents to return to the country.
PUBLIC SECTOR ROLE.
The National Public Sector needs to coordinate actions. So as to achieve this, the Ministries Cabinet Chief will coordinate with the agencies of the National Public Sector, the implementation of the measures and policies for compliance of the recommendations provided by the health authority. The Cabinets Chief will also coordinate the “General Coordination Unit of the Comprehensive Plan for the Prevention of Public Health Events of International Importance” (which replaces the General Coordination Unit of the Comprehensive Influenza Pandemic Plan and the Executive Commission created by Decree 644/07), which will be composed by the relevant areas of the MINISTRY OF HEALTH and the other jurisdictions and entities that have competence on the matter.
In reference to the ministries, the decree especially remarks the cooperative action in support of the health emergency of the Ministries of Security, Ministry of Interior, Ministry of Defense, Ministry of Foreign Affairs, Ministry of Exterior Relationships, International Commerce and Cult, Ministry of Labor, Employment and Social Security, Ministry of Education, Ministry of Development and Ministry of Tourism and Sports.
TRANSPORTATION AND MASS EVENTS
The decree establishes that the Ministry of Transport, through the Organism that Regulates the Airports National System or the Sub secretary for Navigable Ports and Marne, as well as the Ministries of Security and Interior, may choose with the Ministry of Health corridors of safe air, sea and land.
Regarding the means of transport operators (national and international) that work in the country, they must comply with the sanitary measures and preventive actions and issue all the reports that are required from them.
In respect of mass attendance events, the Decree: (i) closes museums, sports centers, game rooms, restaurants, swimming pools and other places of public access; (ii) suspends public shows and all other massive events; (iii) imposes safety distances and other necessary measures to avoid crowds. The norm adds that, in order to implement this measure, actions must be coordinated with the corresponding jurisdictional authorities.
DIGNIFIED TREATMENT
Sanitary measures must be the least restrictive possible and based on scientifically accepted criteria.
