Coercive measures for covid-19: application of which law?

• Published in: Nederlands tijdschrift voor geneeskunde Vol. 165
• Main Authors: Koorengevel, Kathelijne M, Maes, Jan Pieter, Keurentjes, Rob, Michiels, Maykel L M, Tjon-A-Tsien, Aimée M L, Bakker, Marleen
• Format: Journal Article
• Language: Dutch
• Published: Netherlands 02.03.2021
• Subjects: Coercion; COVID-19 - prevention & control; Humans; Intellectual Disability - therapy; Mental Disorders - therapy; Netherlands; Public Health - legislation & jurisprudence; SARS-CoV-2; Netherlands
• ISSN: 0028-2162

Since the end of January 2020, covid-19 is a group A infectious disease according to the Public Health Act (in Dutch: Wet publiekegezondheid or Wpg). To avert the risk of infection with covid-19, coercive measures can be imposed under this law. Almost at the same time, since January 1 2020, two new Dutch laws regulate the mandatory care for people with intellectual disability and dementia (the Care and Compulsion Act (in Dutch: Wet zorgendwang or Wzd) and for people with a mental disorder (the Mandatory Mental Health Care Act (in Dutch: Wet verplichte GGZ or Wvggz). Just like the Wpg, the Wzd and Wvggz allow coercion for the benefit of third parties. In this clinical lesson we describe the use of the Wpg, Wzd and Wvggz in order to avert covid-19 infection risk.