The Ministry of Health, with Mónica García, wants to make it clear that the law supports the Government in imposing a mandatory quarantine on the 14 Spaniards (13 passengers and one crew member) traveling on the cruise ship ‘Hondius’ affected by a hantavirus outbreak. This was in response to what was said last Wednesday by the Minister of Defense, Margarita Robles, who spoke of a “voluntary” confinement at the Gómez Ulla hospital in Madrid.
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But this is not the case, experts consulted by La Vanguardia explain. Organic Law 3/1986 on Special Measures in Public Health Matters (amended in 2020) makes it clear in its article 2: “The competent health authorities may adopt measures of recognition, treatment, hospitalization or control when there are reasonable indications to suppose the existence of danger to the health of the population due to the specific health situation of a person or group of persons or due to the sanitary conditions in which an activity is carried out.”
And article 3: “In order to control communicable diseases, the health authority, in addition to carrying out general preventive actions, may adopt appropriate measures for the control of the sick, of persons who are or have been in contact with them, and of the immediate environment, as well as those considered necessary in case of transmissible risk.”
But, should it be done in the hospital? “If the health authorities so decide, yes, because the law allows it. It also has a reasonable health explanation, they will be monitored by professionals and if symptoms appear, they will be treated immediately,” says epidemiologist and former WHO advisor Daniel López Acuña, although he is convinced that it is not necessary to reach imposition, something Minister García also relies on. “If you explain to anyone that if you do not isolate yourself you put your health or that of your loved ones at risk, people are very reasonable,” López Acuña points out. It is necessary, however, to sign informed consent.
The minister appeals to “common sense and responsibility” of the passengers to avoid resorting to obligations
The minister appeals to “common sense and responsibility” of the Spanish passengers to avoid having to resort to obligations. The law, they indicate from this department, does not have a coercive purpose, but one of responsibility and defense of everyone’s health.
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In fact, the General Health Law establishes that measures adopted in the face of an imminent and extraordinary risk situation must be proportionate to their purposes, must be duly motivated, and may only be maintained for the strictly necessary time while the situation that justified them lasts. The same regulation adds that preference should be given to the voluntary collaboration of citizens with health authorities and that mandatory measures that involve risk to life may not be imposed and that, among the available options, those that least harm the free movement of people and goods should be adopted.
Therefore, in the event that any passenger refuses to be confined in the Madrid hospital, Health is preparing a legal report that legally supports the imposition of quarantine if necessary, in which the decisions taken are reasonably explained.
But why Gómez Ulla? Because it has the appropriate equipment and professionals in the High-Level Isolation Unit (UAAN), with eight rooms designed for the admission of patients affected by nuclear, radiological, biological, and chemical incidents. Epidemiologists assure that the 14 passengers can be in individual isolated rooms and, if any show symptoms, be immediately transferred to those maximum isolation level rooms.
While waiting for the WHO to provide more data on patient zero and the contact time with the other passengers, 6 weeks are being considered.
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