The Legality of the RA Ministry of Healthcare Decrees is Disputed at the Administrative Court

A number of decrees on defining the hospitalization and treatment procedures of patients diagnosed with Coronavirus Disease (COVID-19) adopted by the RA Minister of Healthcare Arsen Torosyan in 2020 are being disputed at the RA Administrative Court in the scope of the case Arusyak Hayrapetyan v. RA Ministry of Justice. 

Particularly, points 1, 2 and 13 of the annex to the RA Minister of Healthcare decree number 1606-Ա, dated 21.05.2020 (including the incorporation made with the decree number 1795-Ա of 08.06.2020), as well as point 1 of paragraph and points 5, 6 respectively were disputed.  

The disputed decrees particularly regulated the order of organizing and providing medical treatment to the patients with Coronavirus disease under outpatient conditions. 

As stated by the representatives of the applicant A. Hayrapetyan, the regulations of the decrees violated the F. Hayrapetyan (father of the applicant) rights to life and health envisaged by the RA Constitution and European Convention on Human Rights. 

According to the regulations of the disputed decree, among other aspects, it was defined that hospital treatment is ensured, if there is 

• Fever above 38.5 C for more than three days

• Respiratory rate> 22 / min

• Blood oxygen saturation Sp02≤93%.

However, the Ministry of Healthcare did not take into consideration the circumstance, that the person may be under bad condition and the temperature or breathing frequencies do not comply with the defined norms and on the ground the latter may not get immediate medical assistance, which will then lead to irreversible consequences.

The judicial sitting was held on November 18, during which the representatives of the applicant clarified the demand and the grounds to recognize the provisions of the disputed regulations illegal or groundless. 

The decision on the case will be published on December 9 of 2021. 

Araks Melkonyan, Hasmik Harutyunyan and Nina Hakobyan, the lawyers of the Protection of Rights without Borders NGO represent the interests of the applicant A. Hayrapetyan at the court.