Could arrests for not staying at home violate human rights?

The Jalisco Commission for Human Rights (CEDHJ) has asked state and municipal authorities to ensure that officials who detain citizens for disobeying the stay-at-home or mask-wearing orders only use the measure as a “last resort.”

pg1aThe CEDHJ has accepted that arrests are lawful under Article 403 of the state’s General Health Law (Ley General de Salud) but only after warnings have been issued and all other forms of sanction exhausted.

The CEDHJ wants to make sure that everyone involved in enforcing the governor’s order has full knowledge of Article 16 of the Mexican Constitution, which covers the rights of citizens during and after an arrest.

Police arrested seven people in the Guadalajara metropolitan area for violating the mask rule on the first day of the order. The following day, 60 people in Tlaquepaque were detained after altercations with officials trying to enforce the order.