March 30, 2020 / COVID—19 / Litigation

On March 30, 2020, the General Health Council published in the Federal Official Gazette (FOG) the Agreement under which the Council declared a health emergency due to a force majeure caused by the epidemic from SARS-CoV2 (COVID-19) virus. It established in the second item that the Ministry of Health will determine all the necessary actions to handle the emergency[1].
In compliance with the aforementioned, on March 31, 2020, the Ministry of Health published on the FOG the Agreement to Establish the Extraordinary Measures to Handle the Health Emergency caused by SARS-CoV2 virus[2].
The extraordinary actions that the public, social, and private sectors must implement to handle the health emergency caused by COVID-19 are, in summary, the following:
- 1. Suspension of non-essential activities from March 30 to April 30, 2020
- 2. The following are essential activities:
- a) Activities in medicine, paramedic, administrative, and support fields throughout the National Health System (provision, production, manufacturing, services, and suppliers for the pharmaceutical sector, as well as cleaning and sanitization for medical units in different attention levels);
- b) Public security and citizen protection, adminsitration of justice, and legal activity;
- c) Economic sectors: financial, tax collection, energy, gas stations or gas plants, drinking water, food industry and non-alcoholic drinks, food markets, supermarkets, self-service stores, grocery stores, and sale of prepared foods; passenger and cargo transportation; agricultural, fishing, and livestock production, agroindustry, chemical industry, cleaning products; hardware stores, delivery services, private security; nurseries and childcare facilities, asylums and houses for older people, refugees and attention centers for women victims of violence and their children; telecommunications and information media; private emergency services, funerary and burial services, storage services, and cold-chain for essential products; logistics (airports, ports, and railways); and
- d) Government social programs
- 3. Domiciliary shelters from March 30 to April 30, 2020 (voluntary mobility limitation).
- 4. Strict shelter for people of old age, pregnant or in postpartum period, or with diagnostic of diabetes mellitus, high blood pressure, cardiac disease or chronic disease, immunosuppression, kidney or hepatic failure.
- 5. Census and surveys are postponed.
It was also determined that, as long as there is a health emergency, the General Health Council will be composed of the heads of the Ministry of Government, Ministry of Foreign Affairs, Ministry of National Defense, Marine, Citizen Security and Protection, and Ministry of Labor and Welfare.
[1] https://www.dof.gob.mx/nota_detalle.php?codigo=5590745&fecha=30/03/2020
[2] https://www.dof.gob.mx/nota_detalle.php?codigo=5590914&fecha=31/03/2020

