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The Ombudsman on Thursday recommended the Minister of Health, Nelu Tataru, to reanalyze with celerity the regulation regarding the situation of the persons who tested positive for COVID-19 but have no symptoms, considering the recommendations of the international forums, and to take all the necessary measures so that the legal provisions referring to the consent of the patients be observed, in the case of the persons who are found positive and hospitalized for it.
This means that an administrative body will have the possibility to take such measures that will restrain individual freedom, while only the Parliament is entitled to enact such restrictions, according to the Constitutional Court Decision No. 157/2020, the Ombudsman also showed.
The Ombudsman submitted several requests with the Ministry of Health, asking for the examination of the situation created and for the elimination of the obligation for persons who are found to be COVID-19 positive to stay hospitalized, even if they do not have any symptoms.
In the Ombudsman's opinion, Romania is the only state in the European Union that forced COVID patients to stay hospitalized during the state of emergency and the state of alert alike, even if when the respective persons did not have any symptoms.
