COVID-19: Legal impact in Mexico, measures issued by various authorities (second part)
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Listed below are the new preventive measures issued by federal and Mexico City authorities for the mitigation and control of the SARS-CoV2 pandemic (COVID-19) after the Client Alert published on March 27th, 2020.
Federal Authorities
General Health Council
Resolution that declares the epidemic of disease generated by the SARS-CoV2 virus (COVID-19) as a health emergency due to force majeure.1
- The epidemic disease generated by COVID-19 is declared a health emergency due to force majeure.
- The Ministry of Health will determine all actions necessary to address the SARS-CoV2 emergency.
- The Resolution shall enter into force on the day of its publication in the Federal Official Gazette and shall remain in force until April 30th, 2020.
Ministry of Health
Resolution that establishes extraordinary actions to address the health emergency generated by the SARS-CoV2 virus.2
The following actions are set out in this agreement:
- From March 30th, 2020 until April 30th 2020, the immediate suspension of non-essential activities is ordered in order to mitigate the spread and transmission of the SARS-CoV2 virus, as well as to reduce the burden of disease, its complications and death of residents of the national territory.
- The following are considered essential activities:
- Those necessary to attend the health emergency (work activities in medical, paramedical, administrative and support branches of the National Health System); those involved in its supply, services and provision (e.g., production and distribution of the pharmaceutical sector); manufacture of inputs, medical equipment and technologies for health care; those involved in the proper disposal of bio-infectious hazardous waste; cleaning and sanitation of medical units at different levels of care:
i. Those involved in: (a) public security and citizen protection; (b) defense of national integrity and sovereignty; (c) procurement and delivery of justice; and (d) legislative activity at the federal and state levels;
ii. Those of the fundamental sectors of the economy: financial, tax collection, energy distribution and sales, generation and distribution of drinking water, food and non-alcoholic beverages industry, transport services; agricultural, fishing and livestock production, agro-industry, chemical industry, cleaning products; hardware stores, courier services, private security; day-care centers and children's homes, shelters and care centers for victims of violence; telecommunications and the media; private emergency services, funeral and burial services, storage and cold chain services for essential inputs; logistics (airports, ports and railways), as well as activities whose suspension may have irreversible effects on their continuation;
iii. Those directly related to the operation of government social programs; and
iv. Those necessary for the conservation, maintenance and repair of the infrastructure that ensures the production and distribution of indispensable services (drinking water, electric power, gas, oil, gasoline, jet fuel, basic sanitation, public transportation, hospital and medical infrastructure, among others).
- Whenever essential activities are carried out, the following shall be carried out:
i. No more than 50 individuals shall gather.
ii. (a) Frequent hand washing, (b) respiratory etiquette when sneezing or coughing, (c) distant greeting, and (d) all measures of healthy distance issued by the Ministry of Health.
- All residents in Mexican territory are encouraged to comply with staying home (voluntary limitation of mobility for as long as possible).
- The Stay at Home Rule applies strictly to the vulnerable groups (over 60 years of age, pregnancy or puerperium, diagnosis of high blood pressure, diabetes mellitus, chronic heart or lung disease, immunosuppression, renal or hepatic insufficiency). Essential public activities personnel may, voluntarily attend work.
- Once the period of validity has ended, the Ministry of Health, in coordination with the Ministries of Economy and Labor and Social Welfare, will issue guidelines for an orderly, gradual and regionalized return to activities.
- Postponement of censuses and surveys to be carried out in the national territory that involve the mobilization of people and the physical interaction between them.
- The integration of the Health Council with the heads of the Secretariats of the Interior, Foreign Affairs, National Defense, the Navy, Security and Citizen Protection, and Labor and Social Security is extended.
Mexico City
Head of Government
Notice announcing the declaration of a health emergency due to force majeure by the Mexico City Health Council, in accordance with the health emergency declared by the General Health Council, to control, mitigate and prevent the spread of COVID-19.3
- A Health Emergency is issued in Mexico City due to force majeure, in order to control, mitigate and prevent the spread of COVID-19.
- The Scientific Committee for Epidemiological and Sanitary Surveillance of Mexico City is strengthened with the participation of the Ministry of Administration and Finance, the Digital Agency for Public Innovation and the Water System of Mexico City.
- The Secretariats of Health and of Administration and Finance, the Digital Agency for Public Innovation and the Water System are instructed to carry out all actions necessary for health emergency care.
Iván Ruíz Vega (Trainee lawyer, Mexico City, White & Case) contributed to the development of this publication.
1 http://dof.gob.mx/2020/CSG/CSG_300320_VES.pdf
2 https://www.dof.gob.mx/nota_detalle.php?codigo=5590914&fecha=31/03/2020
3 https://data.consejeria.cdmx.gob.mx/portal_old/uploads/gacetas/4914aee3f15654db8e9edcae8065c56b.pdf
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