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Health seeks a legal loophole to lower the norm of the use of markers

2021-03-31T14:40:55.498Z


The Interterritorial Council agrees to create a technical table to study alternative ways of interpreting the law that requires wearing a mask even if there is a safety distance outdoors


The Ministry of Health and the autonomous communities have agreed to create a technical table to interpret the law that hardens the use of masks at all times, published on Tuesday in the

Official State

Gazette (BOE).

Sources familiar with the deliberations of the Interterritorial Council of the National Health System, held this Wednesday in Valladolid, explain to EL PAÍS that the content of this new regulation has been debated at the meeting, which, in some aspects, has become "obsolete", as stated by several participants.

The technical table will try to elucidate what type of exceptions there may be to the use of the mask and how they can be regulated, something that the autonomous communities were already regulating before the entry into force of the law.

The Minister of Health, Carolina Darias, has appeared after the meeting to explain that work will be done on "developing technical criteria for the application of the law."

"I hope that [from here to the next Interterritorial Council] we can find space to be able to apply this law, to do it in the most harmonized way possible and in the most contextualized way possible," he said.

"The mask is mandatory, but we have to study if the law leaves us room for action," he added at the insistence of the journalists' questions.

The regulation began to be processed in June and its approval means eliminating an exception to the use of masks: it was allowed when the distance was greater than 1.5 meters.

An amendment by the socialist group in the Senate modified this exception to impose the use of the mask at all times in public spaces, both closed and open.

Another Vox amendment, which did not go through, called for it to be mandatory indoors as long as it was mandatory outdoors only when the safety distance could not be maintained.

The new regulation only allows people with a disease that is harmed by the use of this protection not to wear a mask in public spaces, to do individual sports in the open air and in cases that are not specified, under the following statement: "When by the very nature of the activities, the use of the mask is incompatible, in accordance with the indications of the health authorities ”.

This would apply, for example, to bathing on the beach or in a pool, but it would not be easily fit to be, for example, on the beach out of the water, as José Martínez Olmos, who was general director of Health, has explained to this newspaper.

The norm "empowers the Government and the Ministers of Health and Transport, Mobility and Urban Agenda, within the scope of their powers, to dictate the necessary provisions for the development and execution of the provisions" in the law.

One of the possibilities that the technical table will have to study is whether there are additional exceptions in this development, says Manuel Moreno, doctor in Administrative Law from the University of Malaga.

  • The tourism sector attacks the mandatory mask: "They are going to turn the beaches into field hospitals"

In another case, if the communities or the ministry consider that the norm has become “obsolete”, as has been stated by some members of the Interterritorial Council, the legal options would be for the Government to approve a Royal Decree Law that would exceed it, which would have to be endorsed by Congress;

pass another amendment law, which requires a long parliamentary process;

or add a change to some specific aspect of the norm now approved in another law that is approved through new articles, something unorthodox, but which is done frequently, according to Moreno.

The Minister of Health of the Balearic Islands, Patricia Gómez, has already advanced that her community will not comply with what the law says, reports

Lucía Bohórquez

“From the Balearic Islands we understand that with the regulations that we have in force and the decree that is in force, the measures can be maintained autonomic.

Our regulations have not been exceeded because there is a phrase in the state law that indicates 'in accordance with the health authorities' in article 6, therefore, our legal services understand that our regulations are not exceeded by the state one and are maintained in force our measures on these days.

If we had to change next week or at another time we would make a modification ”, said the counselor.

The mask will have to be used these days if you go to the beach with a person who is not from the same nucleus of coexistence.

Update of the vaccination plan

The council also approved the resolution that the Public Health Commission adopted Tuesday, which maintains the 65-year limit for the AstraZeneca vaccine, and only makes an exception for essential workers, for whom it will apply at any age.

For practical purposes, this measure does not change practically anything with respect to what was in force, since the number of essential employees over 65 years of age is minimal.

Most other European countries have already removed this limit to encourage these vaccines to go to the people who need it most, who are the oldest and most vulnerable to severe forms of covid. Some are even implementing it only for those over a certain age, since the vast majority of thrombi that have been detected after vaccination have occurred among those under 50. Germany decided on Tuesday to restrict this vaccine to those over 60 years of age.

Source: elparis

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