In China, cities are under quarantine in Northern Italy police and soldiers from the bars because of the Coronavirus epidemic of whole towns and villages: According to the most recent Evidence in the state of Baden-Württemberg and North Rhine-Westphalia, the question arises once more: Were such measures also in Germany possible? How much should the state restrict its citizens in the event of an epidemic?
“If it is required, can also be important fundamental rights restricted”
The Essential regulates the national protection against infection act (IfSG). A spokesman for the Bavarian Ministry of health summarizes: “If it is required, can also be important fundamental rights such as freedom of Person, freedom of Assembly, freedom or inviolability of the home, as well as the right to physical integrity restricted.”
The responsible authorities of the countries, including health authorities, are first of all, like the Bayreuth state law Stephan Rixen explains. “As a result of federalism, the Federal government has primarily a coordinating, non-operational tasks and powers.” In General is the coordination of the competent Ministry of the Land kidney at the country level in the case of such a complex were the processes. The situation is more serious, take on a crisis team with representatives of several ministries, contact the Robert Koch-Institute (RKI), the Federal Ministry and to the local level think.
The authorities have various measures available, at which time, therefore, to prevent the Occurrence of a disease, change is to combat the spread of the stand. Then extensive inspection should be carried out measures on land or in means of transport of all kinds – airplanes, buses, trains – explains Rixen. Events or gatherings should be prohibited. People could not be required to leave a place. By regulation could be regulated, that rail passengers are controlled to Pass the border and to the clarification of a suspected Disease is not more allowed to travel.
And it is even more personal, such as the health rights expert: Thus authorities are likely to withdrawals of Blood and smears of skin and mucous membranes require. Also “Disease suspected” and “contagion suspect” – as the law puts it – can be subject to a professional ban. For the protection of other people could be secreted “in a suitable hospital or in any other appropriate manner,” it means drastically, in Section 30 of the act.
“Always, the principle of Proportionality applies”, emphasizes Rixen. “The measures may not be in the blue hit, they have personnel-wise, spatially and temporally determined and limited.” The measures apply immediately – you are not so stop, as a rule, first of all, in court. “The effective protection of health protection takes precedence over effective law,” said the expert.
The (inter)national pandemic plans
For the case of various national and international pandemic plans were developed in connection with an impending influenza pandemic. The world health organization (WHO) published in 1999, the first influenza pandemic plan, the current global pandemic plan by the WHO was released in may 2017. The aim of the WHO recommendations are to support the member States in their pandemic planning, and to harmonize the (inter-)national handling.
Two more infections with Coronavirus in North Rhine-Westphalia
As the journal “Pharmazeutische Zeitung” summarises, describes the WHO Plan of six different phases: inter-pandemic period (phases 1 and 2), a pandemic Warnperiode (phases 3, 4 and 5) and, finally, a pandemic (Phase 6). The risk assessment, relaxes a de-escalation on global measures can be performed (transition phase) initiated. The aim of the measures is, the “Pharmazeutische Zeitung”, the minimization of the impact of the pandemic. In Phase 6, a pandemic, would be achieved, the Transferability of a Virus, a containment is initially excluded. The aim is therefore: to reduce the impact.
Also, the Federal Republic of Germany, as well as all of the 16 Federal States, has a national pandemic plan. This consists of two Parts. The first part describes “the structures and measures”, and the second part represents the “scientific basis for the influenza pandemic planning and response”, as it says on the website of the Robert Koch Institute.
Germany is on lockdown? Nearly impossible, experts say
That whole cities in China are completely sealed off, keeping Karim Maciejewski from the University of the Federal public administration in Brühl, near Cologne, is not possible. Although the basic law guaranteed rights of freedom and the freedom of Assembly should be restricted according to the IfSG. The Professor stressed, however, that this applies only to individual data, in which the danger to infect others.
RKI-President Lothar Wieler says: “the quarantine of entire towns, I can’t imagine that in Germany.” To provide people with food, water and medical help, whether in a quarantine area is very difficult, he explained in the ZDF. The Robert Koch Institute is the Central institution of the Federal government in the field of disease surveillance and prevention.
In Berlin, a lockdown in the event of a disaster, is currently not up for discussion, as it was called from the internal administration of the city-state. However, inside Senator Andreas hostage (SPD) said: “But of course, the catastrophe is prepared for protection in Berlin. We have the corresponding civil protection plans and would, if it would be necessary and a corresponding risk situation is detected, such things can also cause it.”
Responsible for the implementation of the infection protection act, the lower administrative authorities, such as district offices, according to Rixen mostly. Where there may be problems in the enforcement of rules and prohibitions, will be used by the police in the way of assistance – for example, in the case of the closure of residential quarters, or if the onward journey of fully occupied trains must be prevented, so Rixen. The use of the Bundeswehr in the interior, however, was only in rare exceptional cases. And even if it is not a typical disaster aid, going to be the seen predominantly critical to negative.
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