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Mandatory containment of COVID-19 patients in Monastir: Legislative framework and impact on freedoms

Published online by Cambridge University Press:  01 September 2022

I. Betbout*
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
B. Amemou
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
A. Ben Haouala
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
S. Iben Khedher
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
M. Benzarti
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
F. Zaafrane
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
A. Mhalla
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
L. Gaha
Affiliation:
Fattouma Bourguiba Hospital, Psychiatry, Psychiatry Research Laboratory Lr05es10 “vulnerability To Psychoses” Faculty Of Medicine Of Monastir, University Of Monastir, monastir, Tunisia
*
*Corresponding author.

Abstract

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Introduction

Tunisia found itself in an exceptional situation during the covid 19 pandemic requiring a legal regime of exceptionality and sanitary necessity with a double challenge: the fight against the sanitary crisis, and the preservation of democratic gains

Objectives

To describe the legislative framework put in place concerning patients with COVID-19 who stayed at the compulsory containment and to discuss the legality of these emergency decisions

Methods

The authors conducted a descriptive cross-sectional study of patients with COVID-19 staying in the compulsory containment centre of Monastir, with a review of the literature The data were collected through telephone calls. A review of the literature as well as a consultation of the different legislative

Results

The average age was 41.39 ± 1.26 and the sex ratio was 1.17.Imported cases represented 45.3% of the sample and 23% of them expressed a desire to consult a specialist. The duration of mandatory confinement was on average 35.86±1.31 days with extremes ranging from 7 to 86 days. Concerning the legislative framework of the emergency decisions taken during the first wave, the President of the Republic and the Head of Government used Articles 80 and 70 of the Tunisian Constitution, respectively, to issue legislative texts announcing the state of emergency and accompanying. Thus, these legislative measures were restrictive of rights and freedoms and seriously threatened the fragile gains of our democracy

Conclusions

COVID-19 redefined not only the health system but also the economic conditions, as well as the normative and legislative system 2014

Disclosure

No significant relationships.

Type
Abstract
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
© The Author(s), 2022. Published by Cambridge University Press on behalf of the European Psychiatric Association
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