Responsibility for oneself and others

It has indeed happened – on March 12, 2020, taking into account the World Health Organization’s announcement of March 11, 2020, that Covid-19 has reached pandemic proportions, the Cabinet of Ministers has declared a state of emergency throughout the country.⁸ Such a situation may be declared by the Cabinet of Ministers in the event of a national threat related to a disaster, the threat thereof, or a threat to critical infrastructure, if the security of the state, society, environment, economic activity, or human health and life is significantly endangered.⁹ In this case, the cause of the disaster is a biological natural disaster, namely Covid-19, which is spreading rapidly from other countries of the world or “Covid-19 affected countries and territories”.

Thus, the Cabinet of Ministers has established a special legal regime until April 14, 2020, during which the Cabinet of Ministers has the right to restrict the rights and freedoms of state and local government institutions, natural and legal persons, as well as to impose additional obligations on them.¹⁰ Cabinet Order No. 103 “On the Declaration of Emergency” (hereinafter – the Order) has been published in the official gazette “Latvijas Vēstnesis”, and as an official publication, it is publicly reliable and binding; namely, no one can plead ignorance of the legal acts or official announcements published in the official gazette.¹¹ Consequently, at this time, in addition to the duties established in regulatory enactments, the content of the Cabinet Order, including the duties, recommendations, and appeals set forth therein, is binding on every resident of Latvia.

Given the suspension of in-person learning in all educational institutions¹² and the long-awaited spring break for students, there is currently a palpable sense of anxiety among parents regarding planned holidays abroad – to go or not to go? On one hand, children have been promised a holiday in the fluffy snow of the French Alps, somewhere warm in Spain, or any other corner of the world; the trip is planned and paid for, and the whole family has been looking forward to the holidays since Christmas. On the other hand – an epidemic, a pandemic, the threat of disaster, the Order, closed borders, and an elderly grandmother at home, whose infection with Covid-19 upon returning from a lovely trip could lead to not-so-lovely consequences. Everyone has their own reasons.

However, it should be noted that Clause 4.11 of the Order sets forth an appeal to natural persons to refrain from foreign travel. This appeal applies and is binding on all natural persons, including parents and children who are eagerly awaiting the school holidays to be spent in “Covid-19 affected countries and territories” and beyond. Meanwhile, Clause 4.12 of the Order already prescribes specific actions and the duty to take special precautionary measures for persons and contact persons returning from a Covid-19 affected country or territory, both regarding their health status and the obligation to remain at their place of residence and not go to work or public places, as well as the procedure for obtaining essential goods or food.

Although the Order does not prohibit leaving the country, it should be noted that the justification for the state of emergency declared throughout the country is found, among other places, in the Civil Protection and Disaster Management Law. Section 12, Paragraph one of this law establishes the duties of natural persons, including the duty to act in accordance with the information provided by the responsible state or local government institutions and the instructions of the officials of these institutions in the event of a disaster or threat of disaster. The civil protection system is part of the national security system. Currently, the responsibility, whether legal¹³ or moral, rests on everyone who nevertheless decides to board a plane or a car and cross the border of the Republic of Latvia in any direction.

Firstly, it is a responsibility to oneself. The fourth paragraph of the preamble to the Constitution (Satversme) provides for everyone’s duty to take care of themselves, their relatives, and the common good of society, acting responsibly towards others, future generations, the environment, and nature. A similar provision is included in the Medical Treatment Law, Section 5 of which states that everyone has a duty to take care of and is responsible for their own health, the health of the nation, their relatives, and persons under their care. Consequently, contrary conduct by a person primarily violates the Constitution – the fundamental law of the state.

Secondly, as mentioned, there is the responsibility for the health of relatives and persons under one’s care, including the health of children, alongside the duty established in Section 18, Paragraph three of the Epidemiological Safety Law not to expose other persons to the risk of infection. Every child has an inalienable right to the protection of life, health, and development, which must be ensured by the child’s parents (adoptive parents), foster families, and guardians, taking into account the best interests of the child. Therefore, the parents’ duty to care for the child, which includes providing healthcare and upbringing, also means honestly evaluating their personal reasons for not cancelling a trip and formulating this within the framework of their own values.

My first-grader’s reaction upon learning that the planned trip to a Covid-19 affected country was being cancelled was sadness, confusion, and disappointment. These are not the emotions parents want to see in their children; however, the current situation provides an opportunity for parents to explain the world, decisions, and the understanding of rights and duties to their children, and to foster in them respect and responsibility towards themselves, their relatives, and the common good and interests of society.