The Attorney General considers that mandatory swabs cannot be applied
The Attorney General, Rigoberto González, considers that swab tests to detect possible cases of Covid-19 cannot be applied in a mandatory, random or indiscriminate manner, unless people give their consent.
The position of Attorney González was known this Monday, November 2, and is given after a query made to his office by Minister Luis Francsico Sucre, about the faculty of the Ministry of Health (Minsa) to order the mandatory performance of tests of swabs to nationals and foreigners, who are in the national territory.
Regarding those raised, this office considers that the swab test to nationals and foreigners who are in the national territory, could not be applied in a mandatory, random or indiscriminate manner, or in impairment of the right to life, personal integrity or the dignity of the people as it is deduced from the norms that regulate the rights of the people to give their prior and informed consent, says González.
However, the Administration Attorney considers that a measure such as the one described in the consultation could be carried out exceptionally, in cases where the person refuses to take the test and the certainty or suspicion is founded by means of other examinations or evidence that she suffers or could be a carrier of a communicable disease.
González also responded to Minister Sucre about the constitutionality or legality of the measure, informing that he cannot pass a judgment on the matter, because this is the responsibility of the Third Administrative Litigation Chamber of the Supreme Court of Justice.
Once the Ministry of Health announced that tests would be applied to those who attended the beaches, the debate arose about the legality of forcing people to submit to the measure.
In his pronouncement, the attorney for the administrator relied on the powers that the Minsa has in accordance with the provisions of the Constitution, the Sanitary Code and the Decree that creates this Health entity, among other current regulations.
Regarding those raised, this office considers that the swab test to nationals and foreigners who are in the national territory, could not be applied in a mandatory, random or indiscriminate manner, or in impairment of the right to life, personal integrity or the dignity of the people as it is deduced from the norms that regulate the rights of the people to give their prior and informed consent, says González.
However, the Administration Attorney considers that a measure such as the one described in the consultation could be carried out exceptionally, in cases where the person refuses to take the test and the certainty or suspicion is founded by means of other examinations or evidence that she suffers or could be a carrier of a communicable disease.
González also responded to Minister Sucre about the constitutionality or legality of the measure, informing that he cannot pass a judgment on the matter, because this is the responsibility of the Third Administrative Litigation Chamber of the Supreme Court of Justice.
Once the Ministry of Health announced that tests would be applied to those who attended the beaches, the debate arose about the legality of forcing people to submit to the measure.
In his pronouncement, the attorney for the administrator relied on the powers that the Minsa has in accordance with the provisions of the Constitution, the Sanitary Code and the Decree that creates this Health entity, among other current regulations.