Empirical evidence has shown that our legal framework is not sufficiently prepared for a situation such as the 2020 pandemic. Many of the rules we had do not fit the situation well or have too many uncertainties. Key issues such as the quarantine regime, the possibility of imposing compulsory vaccination or an immune passport or vaccination certificate are still not sufficiently resolved. Organic Law 3/1986, for its part, is very scattered and ambiguous, and yet it has practically been used as an essential resource for everything. Law 14/1986 is the first full ordinary regulation authorising the Basque Parliament to develop its provisions (legislation and implementation). On the other hand, from a legal point of view, there are competences to cover epidemic emergencies in the fields of health, public order and logistics, as set out in the titles of competence expressed, inter alia, in Article 10(12) and (25), and Articles 18 and 17 of the Statute of Autonomy, in particular: without prejudice to other sectors indirectly affected, such as, inter alia, Article 10(15), (27), (32), (36) or (38). On the other hand, the framework of freedoms and rights, which may be restricted by the declaration of a state of alert, falls within the competence of the State. Following an urgent examination, which is nearing the end of this chapter, it can be assumed that the draft law on measures to combat the COVID-19 pandemic, which has been urgently transmitted to Parliament by the Basque Government and should be adopted before the end of June, respects the framework of competences under Title VIII of the Constitution and contains several references to state regulations. covering the material measures it contains. in there. However, we do not have an adequate characterization of the legal framework of the agreements of the Interterritorial Council of the National Health System, which has become a key instrument. For example, the legal status of the state`s vaccination schedule is not at all clear.

The COVID-19 Law Lab initiative, launched today, brings together and provides access to legal documents from more than 190 countries to help states create and implement robust legal frameworks to manage the pandemic. The aim is to ensure that laws protect the health and well-being of individuals and communities and comply with international human rights standards. “To fight COVID-19, countries need strong regulatory frameworks,” said WHO Director-General Dr Tedros Adhanom Ghebreyesus. “Often there are laws that are not strictly focused on the health sector, but have an impact on public health. As health is a global issue, regulatory frameworks need to be aligned with international obligations to address current and emerging public health risks. Today, it is more important than ever to have a solid legal basis for health. It will also include studies on various legal frameworks related to COVID-19. These analyses will focus on the impact of public health laws on human rights and help countries identify best practices to guide their immediate responses to COVID-19 and their socio-economic recovery efforts once the pandemic is under control.

This builds on the work of the UHC Legal Solutions Network, a legal solutions exchange network established to help countries achieve universal health coverage through rights-based legal frameworks. In addition, it is necessary to take into account the measures taken in the context of industrial relations, which also aim to control the spread of the epidemic, such as reimbursable paid leave regulated by Royal Decree 10/2020 of 29 March between 30 March and 9 April 2020, in order to reduce the mobility of workers who do not provide essential services.