Definition of state of emergency

The concept of state emergencynames a exceptional scenario that affects a nation, such as: the event of a unique event, a natural catastrophe, threat of external or internal war, invasion, disturbance of order, epidemics or outbreaks of serious diseases, among others, by which the government in office and its highest executive authority decide to restrict or suspend some essential rights partially or total to guarantee order, or failing that to prevent the critical situation from spreading and unleashing even greater chaos.

Exceptional context experienced by a nation as a result of a natural catastrophe, war, epidemics or social unrest and that it demands that its authorities implement urgent measures to alleviate the risk

The validity or presence of this state of emergency implies the need to act quickly in order to prevent the negative consequences of a dangerous or problematic event from deepening.

There may be various types of emergency within the framework of the declaration of this state, although regardless of the case there will always be presents a context of danger and the imperative need of the state to implement urgent actions and decisions aimed at alleviating these damage.

It should be noted that the state of emergency is also referred to as regime of exception or state of exception.

Police and military authorities usually intervene to ensure compliance with the state of emergency

To control that the restriction and suspension are effectively implemented, it is customary for the government to order the armed forces and those of the safety that they take to the streets to ensure that such measures are fulfilled in a satisfactory way, it is In other words, they will exercise full police power to effectively enforce this status. declared.

Some of the rights affected may be the freedom of the citizen to meet or move freely through his nation, the inviolability of homes, among others.

When a serious event occurs in a country that makes a certain sector of the population turn to protest in the streets, causing a weather of social tension, it may happen that the government, in order to guarantee the safety of all citizens and restore the reigning order, dictates what is known as Site status, which is precisely one of the most widespread states of emergency or exception in the world.

They are also circumstances of declaration of the same one invasion, a civil or foreign war.

The state of siege is declared by the Executive power of a country, normally the President, with the prior consent of the Legislative power.

The scope of the state of siege is similar to those proposed by the state of war, and that is why it is characterized by the departure of the armed forces to patrol the streets to control and repress those actions seditious.

Suspension of guarantees and constitutional rights

One of the issues inherent in this state is that the guarantees, the constitutional rights, are suspended, and then the Individuals can not only be detained for their own sake on the streets, that is, without the corresponding order of a judge as required by the state right, but could also be transferred to that part of the territory that the executive decides.

But a state can also declare this special state of emergency as a consequence of the succession of an event harmful to the health of society, for example, those that produce negative effects on the environment for some reason, such is the case of contamination of some kind, and that then causes extreme precautionary measures to be taken to prevent both the population and the habitat from becoming seriously ill.

For example, the oil spill in the waters is a very common situation and that can trigger this state to be decreed.

Unfortunately, the unscrupulous action that man often deploys in the natural environment in which he lives generates these unpleasant and dangerous situations.

Another very common case of a state of emergency is decreed when a natural phenomenon occurs that produces a catastrophe causing the loss of human lives, injuries and material destruction, especially with regard to to infrastructure of the place, leaving the population in a situation of absolute vulnerability.

Among the most common examples we can cite earthquakes, tidal waves and tornadoes, which tend to destroy material goods and also cause the death of thousands of people, especially if they happen in a untimely.

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