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the Parliament has said yes to a temporary law that allows the government to be able to complement, supplement, or depart from a number of laws in so far as it is necessary for society to function best under koronaepidemien.
The so-called koronaloven makes that the government may introduce regulations that put the law aside, without going about the ordinary stortingsbehandling.
on Friday, suggested the government a number of such regulations.
the Parliament suspended some of the changes, but several of the regulations went through.
It allows a number of rights for people in Norway have disappeared temporarily. Koronaloven says that the changes apply in a month.
This is the rights that have disappeared for now.
These rights have disappeared in the health care
most of the rights that fall away, is provided for in the helselovgivningen. This is to free up capacity to assist in combating koronapandemien.
In the justification to remove the rights in helselovgivningen, writes the government, among other things:
“In such a situation would occur, significant resource and capacity challenges for the health and omsorgstjenesten. It will mean that health and omsorgstjenesten need to make adjustments, because of priorities and rationing.”
It also says that the common law rules do not take account of the situation that has arisen. Therefore be removed the following rights in helselovgivningen temporary:
the Right to health care in the specialist health service within the stipulated time limit, including the right to get paid treatment in the private sector by violation of the deadline. The right to freely behandlingsvalg (except mental health care, multidisciplinary specialist substance abuse treatment and intensive habilitation of children). The right to renewed assessment of the health status of the specialist health services. The right to kontaktlege for patients who have severe disease, damage, disorder e.l. as the need for treatment over time. Right to individualized plan for patients and users with the need for long term and coordinated health and care services.
To see, explains health minister Bent Tall (H) that the changes are first and foremost about the rights of those patients who have the time to wait, but emphasises that the basic pasientrettighetene continued.
health minister Bent Tall (H) during Monday’s press conference.
Photo: Fredrik Varfjell / NTB scanpix
– A part of these rights will be able to go beyond the operational theater the opportunity to help those in urgent most with, and as it is the most serious in this situation, and it is the reason that you now have put them on hold in this period.
High, points out that vulnerable groups do not lose their rights in this situation, and shows that one has chosen to keep free behandlingsvalg when it comes to rusbehandling and mental health.
These rights have disappeared in the courts, and prisons
Within the justice sector is the loss of the rights to a large degree linked to the smitteverntiltak in the courts, and the capacity in prisons.
For the courts part, this means a range of efficiency measures to ensure that as few as possible need to have physical meetings in order to resolve the court’s tasks. This is to prevent that the whole treatment of, for example, criminal cases and other matters the courts process to stop all the way up to many as in the system in the quarantine or infected.
– It means that you can more easily get it completed the litigation, which now stands in the queue. It is up to the court and the parties to consider that this is prudent, says justice minister Monica Mæland (H) to NRK.
In the connection open, among other things, for more use of fjernmøter and fjernavhør in the courts of all instances. This also applies to non in the district courts and ankeforhandlingene in the appeal courts. In addition, expanded access to written treatment of a part criminal and straffeprosessuelle restraints.
In civil cases, it has been possible to use fjernmøter. Then, the general rule has been that parties must consent to this. This samtykkekravet should now be able to be deviated towards one or both of the parties ‘ will.
justice minister Monica Mæland (H) do not believe the rule of law will deteriorate with the new changes within the justice sector.
Photo: Vidar Ruud
Koronaloven open also for more use of written treatment of the criminal and straffeprosessuelle restraints. It can potentially break with the principle that the main hearing in criminal cases shall be oral, and that the posts should be presented directly to the court.
Mæland don’t think these changes will weaken the Norwegian rule of law.
the Alternative is that cases are building up and are standing in the queue. It is also not good for the rule of law to some.
the Government adds to the reason that this shall not apply to composite court in the district courts or referred cases in the appeal courts which includes bevisbedømmelse in the issue of guilt.
In addition, the rights related to visits to inmates in prisons are limited. Here is the some prison the increased ability to deny prisoners visits if this can be justified in, for example, personalmangel because of quarantine, illness, or the like.
Here, point out Maeland that it has not been some restrictions that apply to visits in the prison yet, but that it may be necessary and that the government has facilitated such changes by smittevernhensyn.
the Right to a kindergarten place for your child is gone
Before koronaens time was the general rule that all children in Norway have the right to kindergarten. This right is revoked temporarily through koronaloven.
This follows from the fact that kindergartens are now closed. This right will, after the plan to come back when the kindergartens open again.
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