This means that people who break the ban cannot be punished. It is a bit as if the provision should not be implemented. Hosts looking to throw home parties may say, "Sorry, you have no right," says Marthinussen.
City councilor Roger Valhammer (Labor) and the municipality of Bergen are banning more than five people in private gatherings. On the other hand, city councilor Raymond Johansen (Labor Party) and the municipality of Oslo make a different choice, taking human rights into account.
[wp_quiz id = "24388 ″]
It's a bit hard. Also legally related to human rights and other things that we think are difficult in this regard.
Krytyka
Bergen University law professor Hans Fredrik Marthinussen believes that a regulation banning more than five people from private gatherings may be invalid. This is because this measure is a "massive interference in private and family life" to which both art. 102 of the Constitution, as i art. 8 of the European Convention on Human Rights impose strict requirements.
Bergen answers
Valhammer City Councilor disagrees with the criticism. He stresses that there are good arguments in favor of introducing such a ban on infection control: the infection situation in Bergen is dramatic and still people become infected mainly in private homes and in gatherings.
At the same time, Valhammer admits that the measure is much more invasive than the ban on more than ten people in private gatherings. Therefore, Valhammer points out that the exceptions contained in the regulations are important for proportionality. Exceptions are made for children and families.
We must take into account the proportionality of all restrictions. We realize how burdensome it is for many of us. The Norwegian Institute of Public Health supports both the regulations and our recommendations. Moreover, the professional circles in our crisis management argue that the restrictions are absolutely necessary to contain the tide that is now hitting Bergen. Although it is onerous, we believe we have provided enough flexibility, says the city councilor.
– Bergen Initiative
Prohibition of private assemblies with more than five participants and assemblies where the distance of one meter cannot be met.
Attending private meetings with more than five people is not permitted. The provision does not cover children who are part of several households. In households with more than five members, all members can still be present at the same time.
Private meetings where the distance of one meter cannot be met are not allowed.
Exceptions apply to established groups in kindergarten and primary school, so that children belonging to the same class can also assemble during their free time.
Private the organizer must:
a. Agree to follow infection control councils
b. Have an overview of everyone present with date, time, name and telephone number to assist with any possible subsequent detection of an infection in accordance with the Infection Control Act Section 3-6.
This information should be kept securely and disposed of after ten days. The organizer informs those present that such a register has been prepared.
This provision is not exclusive.
Source: Municipality of Bergen
Life and health above all
Valhammer says Bergen municipality's crisis management lawyers wrote the law. Valhammer reiterates that the regulation is important as long as it is proportionate and believes it is proportionate as there are strong arguments from infection control specialists in favor of the need and the impact of tightening.