Filenews 16 September 2021 - by Michalis Hadjivasilis
The coronavirus pandemic is creating a new order of things, since what we are experiencing unprecedentedly has forced the state to proceed with the drafting of a comprehensive law concerning infectious diseases, providing unlimited powers to the state to oblige its citizens to undergo special examinations.
The bill defines: what is a "dangerous infectious disease, what is an "infected area", the imposition of an obligation to perform molecular testing, rapid antigen detection test or other examination on a person located in an infected local area or in an uninfected local area, inside or outside the Republic, as well as penalties for offenders, citizens and owners of premises.
Also, measures are defined and obligations are imposed to which the operation of religious sites or private or public educational institutions or indoors or outdoors in which people gather or may congregate are subject, in order to prevent the transmission or spread or even to combat a dangerous infectious disease.
The new Law, which will regulate all issues of infectious diseases and avoid problems that have arisen during the handling of the pandemic, will be referred to as the Dangerous Infectious Diseases Law of 2021. As a "dangerous infectious disease" it includes cholera, plague, smallpox, typhoid, yellow fever, COVID-19 coronavirus and any disease of an infectious or contagious nature that is defined as a dangerous infectious disease in a decree issued. Also as "infected local area" means a local area in which it exists and which is defined as an infected local area by decree issued.
At the same time, the Council of Ministers and the Minister of Health may issue a decree, published in the Official Gazette of the Republic, for any of the following purposes: the definition of a disease as infectious, the determination of an infected area, the designation of hospitals, hospitals, premises, facilities, anchorages, ports, airports and/or other places, used by the State for the purpose of preventing the transmission and/or spread and/or combating of a dangerous infectious disease. The state may also employ medical, paramedical and/or nursing staff or medical and/or nursing school students for the purpose of preventing the transmission of an infectious disease.
Elsewhere in the bill, the health minister is given the power to ban by decree the movement of people or animals to prevent the transmission of an infectious disease. Moreover, the Ministry or the Minister of Health may impose as mandatory the conduct of molecular examination, rapid antigen detection test and / or other examination on a person located in an infected local area or in an uninfected local area, inside or outside the Republic, in order to prevent the transmission and/or spread and/or import and/or entry and/or export or exit or even the fight against a dangerous infectious disease. Also, by decree, the Minister of Health will be able to determine the price of the charge and / or the setting of a maximum or even minimum charge price, for conducting a molecular examination, a rapid antigen detection test or other examination, vaccination or service, concerning a dangerous infectious disease.
One of the most important articles of the law is the definition of measures aimed at mitigating the economic consequences of a dangerous infectious disease, including the suspension of the payment of rent due to the owner of public, state and/or private property.
Imprisonment of two years or €50,000 fine
According to the bill, a person who violates and/or fails to comply with a decree issued by the Minister of Health and is liable, after a conviction, to imprisonment not exceeding two years or to a fine not exceeding €50,000 or to these two penalties, commits a criminal offence. Regardless of the Extrajudicial Regulation of Offences Law, regarding the amount of the extrajudicial fine, an extrajudicial fine of €300 may be imposed on anyone who commits an offence of violation of an order.
The most important thing is that in the name of preventing the transmission or spread or combating dangerous infectious disease, the Minister of State for Foreign Affairs will be able to do so. Health to define prohibitive and / or restrictive measures and / or conditions and / or formalities regarding the exercise of a human right provided for in the Constitution, i.e. human rights can be restricted for the purposes of limiting the pandemic.
