A state of emergency is currently in effect in 11 prefectures, plus Tokyo and Osaka. But as things stand, Japanese law does allow for the imposition of pandemic-related sanctions. This is partly due to the fact that the country’s Constitution promises freedom. of the movement of people.
But Health Department officials proposed legal amendments to circumvent that challenge at a Jan. 15 meeting. They cited developing reports from local gyms about an increasing number of asymptomatic people refusing to isolate at home despite testing positive.
Health Minister Tamura Norihisa must ensure that there is a legal basis to order other inflamed people to isolate in designated facilities or be hospitalized. Those who refuse will face criminal consequences, adding prison sentences of less than a year or a fine. of about a million yen, or about $10,000.
“The mission restricts people’s rights,” says Tamura. “But we cannot fully manage the situation without stronger legal powers. “
The government plans to introduce the expenditures authorizing the new measures into the Diet’s existing consultation that began this week.
NHK surveyed another 3,600 people in November and December about changes in government policy on the coronavirus.
When asked whether it was appropriate to limit personal freedom as a measure of infection, 87% said they supported or supported the idea to some extent.
But others are divided on what mandatory measures can be enforced by an amended law. 42% said it was necessary, 19% said it was unnecessary, while 38% were undecided.
“Any law that restricts individual freedom deserves to be accompanied by a mechanism designed to prevent abuses of power,” said Sogabe Masahiro, a Japanese constitutional expert and professor at Kyoto University. “Japan wants a formula for the government, such as a human rights committee or a mediation group.
Okabe Nobuhiko, a member of a committee advising on the pandemic and director of the Kawasaki City Institute of Public Health, is also cautious.
“We want the law to remain in place long after the epidemic is over and to be reinstated in the event of another outbreak,” Okabe said. “We shouldn’t make a hasty decision. It is worth considering the option of drafting a transitory law. “