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Presidential order on coronavirus not tantamount to ‘jail time’ – Deputy Chief Medical Officer
Deputy Chief Medical Officer (DCMO), Dr Karen Gordon- Boyle, is seeking to address concerns about the Presidential orders issued recently in wake of the coronavirus cases. According to the DCMO, the presidential orders are not tantamount to ‘jail time’.
Deputy Chief Medical Officer (DCMO) Dr. Karen Gordon-Boyle
In response to questions about the authority of the government to forcibly detain persons in the interest of public safety, the DCMO noted that the crafters of our Constitution did foresee the likelihood of citizens ignoring or actively resisting containment measures to help thwart the spread of infectious diseases, endangering the lives of other citizens, and deliberately promoting the circulation of ailments such as COVID-19, thus those aforementioned measures among others in the Health Ordinance.
She noted as such that earlier in the week, the presidential orders gave legislative ‘teeth’ to those extant Constitutional provisions.
According to Dr Gordon- Boyle “The Presidential Orders premised on the extant Public Health Ordinance (Chapter 145) which stated, inter alia, in article 139 (1) (g) that the Constitution provides “that a person may be deprived of his or her personal liberty as may be authorised by law for the purpose of preventing the spread of an infectious or contagious disease.”
“Article 148 (3) (b) also stated that “A person may be deprived of his or her freedom of movement through an imposition of restriction by law on the person’s movement or residence within Guyana that are reasonably required in the interest of public health.”
She explained further, “While infected persons who deliberately/maliciously ignore public safety requirements, thus jeopardising the lives of other citizens, can have their liberties severely restricted that is not tantamount in my estimation to incarceration or being ‘jailed’.”
In the meantime, Dr. Gordon – Boyle noted that the Public Health Ministry has identified places to house infected persons who need to be isolated, but might have difficulties doing so in their homes, and any of those can suffice to house willful transgressors “in the interest of public safety”.
The Ministry of Public Health hopes that better sense prevails in these “troubling times” to prevent the use of trained security personnel as further precautionary measures.
“Should those additional robust measures be necessary, collaboration with the Public Security Ministry will assure that their “human rights and dignity are respected and safeguarded”.
Dr. Gordon –Boyle noted that the Public Health Ministry and its local and international partners such as PAHO/WHO are committed to ensuring that Guyana beats the spread of COVID-19 and are grateful for the overwhelming positive response and support of the nation.
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