What are the duties and responsibilities of those entering from countries and territories affected by Covid-19, and why is it important to discuss this?

With the global Covid-19 pandemic, the Cabinet of Ministers declared a state of emergency throughout the country on March 12, 2020, with Order No. 103 “On the State of Emergency.” A state of emergency is a special legal regime to ensure national security in the event of a national threat. The Cabinet of Ministers may declare such a situation in the event of a national threat related to a disaster, its threat, or a threat to critical infrastructure, if the security of the state, society, environment, economic activity, or human health and life is significantly endangered. In this case, the cause of the biological disaster is Covid-19.

The basis for the declared state of emergency can be found, among other things, in the Civil Protection and Disaster Management Law, the first part of Article 12 of which sets out the duties of natural persons, including acting in accordance with the information provided by responsible state or local government institutions and the instructions of their officials in the event of a disaster or threat of disaster. The civil protection system, in turn, is a component of the national security system.

Consequently, 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 administration and local government institutions, natural and legal persons, as well as to impose additional duties on them. The aforementioned order provides for a specific course of action, restrictions, recommendations, as well as binding duties for natural persons, primarily for those persons and contact persons who have returned from a Covid-19 affected country or territory (including children), who currently number several thousand.

Namely, according to point 4.12 of the said order, persons and contact persons who have returned from a Covid-19 affected country or territory must take special precautionary measures, including:

4.12.1. monitoring their health for 14 days after leaving the said country or territory, measuring body temperature twice a day (morning and evening);

4.12.2. immediately calling 113 if any signs of acute respiratory infection appear (runny nose, cough, sore throat, elevated body temperature, breathing difficulties);

4.12.3. self-isolating at their place of residence (home quarantine) and being available for communication and cooperation with their family doctor and other medical personnel. These requirements do not apply to employees of transport and passenger transport service providers who return from business trips and assignments if they do not show signs of acute respiratory infection and have not been identified as contact persons;

4.12.4. monitoring their health condition;

4.12.5. not exposing other persons to the risk of infection by trying to reduce direct contact with other people (not hosting guests, not visiting public places, institutions, and not going on private visits, etc.);

4.12.6. remain at your place of residence and do not go to work, public places, or crowded areas; where possible, avoid using public transport;

4.12.7. using one of the following options for purchasing essential goods or food:

4.12.7.1. home delivery, avoiding contact with the delivery person;

4.12.7.2. food or goods delivery with the help of relatives, leaving them at the door;

4.12.7.3. requesting assistance from the municipal social service, avoiding direct contact with the social worker;

4.12.7.4. if there are no other solutions, visiting the store with a medical mask during hours when there are fewer people in the store, maintaining a 2-meter distance from other shoppers and sellers, and observing hand and cough hygiene.

Everyone has the right to freedom of thought, conscience, and speech, however, in this case, it does not matter whether you consider and position yourself on social networks as completely healthy, exercise, use spirulina, are a religious person, you think that “all this is artificial and beneficial to someone,” “it’s a great power agreement,” or “the dog and cat demand their own” and bravely go out into the streets because “you won’t starve so that some compatriot can live.” The Cabinet of Ministers’ order has been published in the official gazette “Latvijas Vēstnesis,” and as an official publication, it is publicly credible and binding, meaning no one can excuse themselves by claiming ignorance of legal acts or official announcements published in the official gazette. In turn, administrative and criminal liability is provided for non-compliance with the order.

According to Article 176.² of the Latvian Administrative Violations Code, a fine of up to three hundred fifty euros may be imposed for violating restrictions or prohibitions established during a state of emergency or exceptional circumstances. In turn, Article 225.¹ of the Criminal Law stipulates that for violating restrictions or prohibitions established during a state of emergency, if it has caused significant harm to state power or administrative order, or to legally protected personal interests, the penalty is deprivation of liberty for a period of up to three years or short-term deprivation of liberty, or forced labor, or a fine. For the same actions, if they have caused severe consequences, the penalty is deprivation of liberty for a period of up to eight years.

Persons have the right to be informed about their rights and duties so that they know them and can effectively exercise them. Duties must be fulfilled and observed, while simultaneously giving another person (society) an appropriate claim. An adult, as a physically and intellectually mature person who no longer needs special protection and care, must be aware of the content of their duties, responsibility, and consequences.

Today’s situation is an extraordinary state not only in Latvia but also in the global context. What is happening around us causes concern, uncertainty, and anxiety, especially when looking at the daily and total number of deaths in Italy – a country that is only a two-day journey from us, and where we gladly enjoy snow, pizzas, and cultural heritage. That is why it is especially important now to follow the recommendations of the country’s leading specialists, doctors, infectologists, and other specialists on how not to make today’s situation more devastating, not only in terms of the number of sick people but also for the medical system and the national economy as a whole.

It should be noted that alongside everyone’s right to health and a minimum of medical assistance enshrined in Article 111 of the Constitution of the Republic of Latvia, the fourth paragraph of the introductory part of the Constitution provides for everyone’s duty to take care of themselves, their loved ones, and the common good of society, acting responsibly towards others and future generations. A similar norm is included in the Medical Treatment Law, Article 5 of which states that everyone has a duty to care for and is responsible for their own health, the health of the nation, their loved ones, and dependents.

The exercise of one’s rights and duties is a two-way process. It is irresponsible to go to a medical institution for a medical service due to oneself or a child, but consciously provide false information to medical personnel that the person or child has not returned from a Covid-19 affected country or territory. Irresponsible not only towards medical personnel, other patients, including children present, but primarily towards one’s own child. A child has an inalienable right to the protection of life, health, and development, which must primarily be ensured by the child’s parents (adoptive parents, foster family, guardians). Parents have a duty to care for the child, which in turn includes providing healthcare and upbringing, including fostering understanding and respect for the values enshrined in the Constitution and every member of society.

It is cynical to share one’s insights on social networks that “everyone, including a doctor, will first and foremost always save themselves” and for Associate-amateurs-enthusiasts to solve cases and practice hypothetical situations if a store cashier sneezes 1.8m away. Non-compliance with self-isolation at home (home quarantine) can create a domino effect, as happened with one clinic where a person who had arrived from a Covid-19 affected country came with complaints (not Covid-19) that could have been resolved with the clinic’s currently offered online consultation, thereby making all staff contact persons and forcing the clinic to close to other patients. In this case, the clinic suffered losses due to the person directly disregarding the duties binding on them in the order, in addition to the duty stipulated in the Epidemiological Safety Law not to expose other persons to the risk of infection.

Currently, catering service providers, entrepreneurs, and manufacturers are effectively adapting to the situation and offering contactless delivery of products and goods to the doorstep. Many helpful, responsible, and socially engaged people also offer their assistance to those who do not have the means to procure essential goods for themselves. Although it is not easy for our nation to ask for help from others, the situation will not be resolved by unnecessary panic, but by reasonable action, precautionary measures, and asking for help when it is truly needed. Also, a justified, effective, and legal solution to the situation, which is a significant contribution to the development of law and legal awareness.