Association: The state of alert is the same with the state of emergency, but with a different name

Fearing the CCR, the Government sent the draft law on the state on alert, but the same rights are restricted as in the state of emergency, although there should be important differences between the two, says APADOR-CH, a human rights association.

"The state of alert is also a state of emergency, but with a different name", says the association.

The draft law on the state of alert shows that the same restrictive measures of rights and freedoms can be taken. Thus, it is very possible that the new law that regulates the state of alert, will be declared unconstitutional precisely because it bypasses the procedure of the Constitution that allows the restriction of rights in an exceptional state (state of emergency).

"The state of alert can be seen as an artifice used to allow measures to be taken specific to the state of emergency, but without declaring a state of emergency. So, bypassing the procedure provided in the Constitution", states APADOR-CH.

The state of alert must be regulated differently from the state of emergency regarding the measures that may be ordered during it.

"Because it is not normal for free movement, freedom of assembly, the right to work, economic freedom, the right to education, the right to privacy and the rest of fundamental rights and freedoms to be restricted by the simple will of officials in ministries and public institutions", says the quoted source.

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