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History of Federal Law No. 14 for the year 2014 on combating the communicable diseases
In the light of the above-illustrated facts, huge numbers of foreign employment, workers and aids began to enter and settle in the UAE, resulting in the population statistics to jump from 232,000 in 1970 to 1,016,000 in 1980 with an increase rate of 337.9%. Considering the known global pandemics and communicable diseases at that time such as Plague, Cholera, and Malaria, the UAE government took the first legislative approach and issued Federal Law No. 27 for the year 1981 issued on 7 November 1981 concerning the prevention of the communicable diseases (the “1981 Law”).
The 1981 Law was significantly sought and required at that time to provide for and establish the requisite and necessary health standards and precautionary measures to ensure the public health of the UAE population and people living within its territories. The law defined communicable diseases as diseases transferable to others by human beings or by animals, insects, foodstuffs, places or other things and substances contaminated by the microbes and toxins of such diseases. The 1981 Law further provided penalties applicable on the violators of the relevant provisions of the said law, which penalties include provisions for fines and imprisonment.
Post enforcement of the 1981 Law in the UAE, in 2014, one of the Corona Viruses Family began to spread in the Middle East Region and was called the Middle East Respiratory Syndrome-Related Coronavirus (MERS-CoV). MERS-CoV, akin to the current global Covid-19 coronavirus pandemic, related to the infection and inflammation of the respiratory tract On 24 April 2014, the statistic shared by the World Health Organization confirmed 254 reported cases in the world, with 93 confirmed deaths. The statistic shared by UAE confirmed 33 reported cases with 9 confirmed deaths. It ought to be pointed out that the MERS-CoV was not identified as a communicable disease under the 1981 Law.
In light of outbreak of MERS-CoV in the UAE and considering the fact that the 1981 Law did not legally identify the same as a communicable disease, the UAE government realized the necessity of issuing another law which provided legal coverage for a broader spectrum of “Communicable Diseases”.
In this regard, UAE issued the Federal Law no. (14) for the year 2014 dated 20 November 2014 on combating communicable diseases (“2014 Law”). The 2014 Law provides a broad and detailed schedule of the communicable diseases and is inclusive of more diseases which were not identified in the 1981 Law and provides for more effective and broad measures to be taken in regards to the same. Such diseases include, without limitation, (HIV/AIDS), Influenza Avian, Rubella, SARS, and any unusual emerging disease specified by the concerned department in the UAE Ministry of Health. It ought to be pointed that the 2014 Law shall now apply to the COVID-19 Coronavirus, as it has been formally identified as a communicable disease by the World Health Organization and consequently by the UAE Ministry of Health.
B- Preventive measures as prescribed by 2014 Law and comparing the respective penalties concerning the violation thereof with the relevant conducts penalized under the UAE Penal Code
In the light of the unprecedented outbreak of the pandemic viruses, including the Corona Viruses Family such as SARS-CoV in 2003 and MERS-CoV in 2013 and 2014 (discussed above), the UAE legislators provided for a more detailed and stricter preventive measures, obligations and penalties in the 2014 Law in order to combat the risk of such pandemics and to ensure the wellbeing of the society. The UAE Ministry of Health has announced that the 2014 Law shall also apply to the Covid-19 Coronavirus, and legally identified the Covid-19 Coronavirus as a communicable disease under the 2014 Law. The 2014 Law, amongst other things, provides for the following preventive measures, which, if breached, are punishable by imprisonment, fine or both (as applicable):
- a)the doctors, pharmacists, pharmaceutical technicians, and medical professionals are obligated to inform the competent health authorities that a person is suffering from or died of a communicable disease within a 24 hours’ time period. Any failure in this regard would subject the violator to be liable for imprisonment or a fine of no more than AED10,000 or both. The same obligation applies to any adult who came in contact with an infected person but failed to inform the UAE Ministry of Health, including, without limitation any professional superior, educational supervisor captain of a ship or airplane or a driver of a public transport vehicle who knowingly transports infected individuals etc.
- b)as per Article 38 of the 2014 Law, anyone who knows that he or she is infected or suspects an infection and fails to inform the health authorities while visiting any place other than a medical facility without the approval of the UAE Ministry of Health or any other concerned authority shall be punished with imprisonment and/or a fine of no less than AED10,000 and no more than AED50,000. The same applies to individuals who fail to show up for tests and treatment despite knowing that they are infected or suspect the possibility of an infection. Likewise, the law applies to those who refuse to adhere to the preventive measures advised or prescriptions and instructions given to them.
- c)as per Article 39 of the 2014 Lawany person who knows that he or she suffers from a communicable disease and yet intentionally indulges in behavior that exposes others to transmission shall be punished with imprisonment of up to five years in jail and/or a fine between AED 50,000 to AED 100,000. In the case of repeated offences, such individuals shall be imprisoned for a period twice as that is stipulated by the said law.
- Comparison of Articles 343 of UAE Penal Code and Article 38 of 2014 Law
- Comparison of Articles 348 of UAE Penal Code and Article 39 of 2014 Law
- a)Violation of an order for mandatory hospitalisation and failing to abide by home quarantine or re-testing instructions - AED 50,000;
- b)Violation of prohibitions or restrictions on gatherings, meetings, private and public celebrations, and on gathering or being present at public locations, private farms, or agricultural estates:
- c)Leaving home for unnecessary reasons, or for purposes other than work or the purchase of basic needs - AED 2,000;
- d)Exceeding the maximum permitted number of passengers in a car by more than three persons - AED 1,000 for the vehicle's driver;
- e)Failing to wear medical facemasks in closed places or failing to observe the safe distance between individuals AED 10,000.