“In the case of an epidemic, the state is under the obligation to ensure the protection of the lives and health of all people by making sure that the spread of the virus and mass infection of the people do not go out of control, “said Tanel Kiik, Minister of Health and Labour. “It is also important for the society that there are transparent and clear rules agreed on for this purpose. If the amendments to the act are adopted, the government will have a clearer framework for action in the event of an epidemic in the future. This also means instructions on which measures may be imposed by the government and which must be approved by the sectoral committee of the Riigikogu“.
The measures required for the prevention of the virus in the event of an epidemic spread of a communicable disease will be regulated at the level of the law and regulations in the future. The measures mean, for example, the requirement to observe safety precautions for the prevention of infections, wear a mask, present a certificate to prove the health condition of a person, or give a sample for identification of a dangerous or extremely dangerous communicable disease. If the government intends to impose other measures which are not explicitly listed in the act, the Board of the Riigikogu must be notified and the opinion of the sectoral committee of the Riigikogu heard.
The society has expected establishing of the measures required for the prevention of communicable diseases at the level of the law and regulations and members of the Riigikogu, courts, and the Chancellor of Justice have repeatedly expressed this expectation. Until now, during the COVID-19 crisis, the measures for controlling the communicable disease have been established by general orders of the government which are suitable for rapid response in a novel, temporary situation.
The purpose of the amendments to the Communicable Diseases Prevention and Control Act as well as the measures and restrictions which have been regulated by orders of the government so far is to protect the lives and health of the people by controlling the spread of a virus which causes a dangerous disease. Pursuant to section 28 of the Constitution of the Republic of Estonia, everyone has the right to the protection of health. The state must create a fair balance between the fundamental rights of a person suffering from an infectious disease and a person who remains healthy.
The draft legislation and the explanatory memorandum were drawn up in the cooperation of the Ministry of Social Affairs, the Ministry of Justice, the Ministry of Education and Research, the Ministry of the Interior, the Ministry of Culture, the Ministry of Economic Affairs and Communications, the Ministry of Finance, the Government Office, the Health Board, and the Estonian Police and Border Guard Board. Medical law lecturers of the University of Tartu were also involved in the development of the draft legislation.
