Authors

The Petrie-Flom Center staff often posts updates, announcements, and guests posts on behalf of others.
Copenhagen, Denmark.

How Denmark’s Epidemic Act Was Amended to Respond to COVID-19

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By Janne Rothmar Herrmann

On March 12, 2020 the Danish Prime Minister informed the nation in a televised statement that she was effectively shutting down the country in response to COVID-19. She urged parents to keep their children home the next day, but gave schools, daycare centers, kindergartens, and all public employees two working days to shut down.

That same day Parliament passed an Act that made major changes in the Epidemic Act, which Denmark has had in force since 1915. The current Epidemic Act dates from 1979 and has been amended with minor revisions several times since then.

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Amsterdam, Netherlands.

COVID-19, the Netherlands, and Human Rights: A Balancing Act

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By Brigit Toebes

The Netherlands, a country with 17 million inhabitants, had its first COVID-19 hospitalizations in the beginning of March 2020. On March 16th, Prime Minister Mark Rutte announced a range of measures aimed at “maximum control,” but not “maximum containment” of the virus: in other words, social distancing measures, but no full lockdown.

After an initial two-month closure, schools, sports clubs, bars and restaurants began gradually reopening after May 18th. All major events, however, remain cancelled until further notice.  According to the statistics, by May 22, over 11,000 people had been hospitalized and nearly 5,800 people had died.

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Auckland, New Zealand.

New Zealand’s Response to the COVID-19 Pandemic

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By Paul Rishworth

On March 21st, 2020 New Zealand’s Prime Minister Jacinda Ardern announced four “Alert Levels” in the fight to contain COVID-19.

The concept of “Alert Levels” had no specific legal basis; it denoted escalating restrictions to be imposed by a combination of exhortation and legal orders.  Level 2 was implemented that day, involving heightened border controls and a request that persons over 70 years old stay at home. Level 4 came four days later.

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Bogota, Colombia.

General Quarantine, Social Emergency, and Economic Crisis: COVID-19 in Colombia

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By Isabel C. Jaramillo Sierra

The first case of COVID-19 diagnosed in Colombia was declared on March 6th. The first COVID-19-related death occurred on March 16.

Between the first known case and the first death in Colombia, the government took action to stop the spread of the disease. All of these decisions, insofar as they are considered part of ordinary police powers, will be reviewed by the State Council as to their legality. The State Council has decided to review 400 administrative acts that it has identified as related to the emergency.

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Royal Palace of Madrid, Madrid, Spain.

COVID-19 and the State of Alarm vis-à-vis Human Rights in Spain

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By Dorothy Estrada-Tanck

As of May 20, 2020, Spain had the second highest per capita rate of COVID-19 deaths in the world, with 59.5 deaths per 100,000.

In response to the coronavirus crisis, Spain declared a state of alarm on 14 March 2020, which lasted for fifteen days. It did so through “Royal Decree 463/2020, declaring a state of alarm to manage the health crisis caused by COVID-19,” adopted by left-wing Prime Minister Pedro Sánchez and his Council of Ministers in the executive branch of government and signed by King Philip VI. The state of alarm has been prolonged through Royal Decrees five times to last until June 7th.

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Doctor or nurse wearing PPE, N95 mask, face shield and personal protective gown standing beside the car/road screening for Covid-19 virus, Nasal swab Test.

COVID-19 Highlights Need for Rights to Repair and Produce in Emergencies

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By Joshua D. Sarnoff

In response to the COVID-19 pandemic, companies, organizations, and individuals have sought to address supply chain gaps for needed medical equipment. Spare parts and products created during the COVID-19 pandemic include ventilator tube splitters, nasopharyngeal swabs, and face shields.

In the past, outside of the context of a public health crisis, I have discussed the need to adopt legislation to create a narrow exemption from design patent liability to assure a competitive supply of automobile repair parts. The current pandemic makes a stronger case for the need to explicitly incorporate into our legal system a right to repair and supply products in emergencies.

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Reykjavík, Iceland.

COVID-19, Civil Rights, and the Rule of Law: The Case of Iceland

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By Hrefna D.  Gunnarsdóttir

Response and Restrictions

In the response to the COVID-19 pandemic, Iceland rolled out an extensive strategy of testing, isolating, contact tracing, quarantining, and social distancing, which has helped the country avoid the most drastic rights restrictions.

Diagnostic testing of those with symptoms started almost a month before the first case was identified in late February. By early March, hospitals and nursing homes closed to visitors, and public health authorities teamed up with a private company, deCODE genetics, to collect samples from symptom-free/mildly symptomatic residents. The collaboration (while controversial) provided valuable information on the prevalence of COVID-19 to tailor Iceland’s response. Read More

Delhi, India.

COVID-19 in India: Lockdown, Legal Challenges, and Disparate Impacts

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By Anand Grover

With only four hours’ notice, the Government of India imposed a nationwide lockdown to combat COVID-19, which began on March 24th, 2020 and is scheduled to end on May 17th, 2020.

The lockdown was implemented through executive orders, beginning March 24th, 2020, together with guidelines under the Disaster Management Act (DMA).

Only essential services, such as those related to security, government, food, medical supplies, and municipal cleaning, were permitted to continue operations, albeit sometimes in a curtailed manner. Inter-state and district borders were sealed. All persons, except those engaged in essential services, were mandated to stay at home and observe social distancing. Testing, quarantine and contact tracing were employed to detect and prevent further transmission of the virus. Breach of orders was criminally punishable.

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