Yesterday, the Council of Ministers approved the Royal Decree amending the requirement to wear face masks during the health crisis caused by COVID-19. The measure will take effect on the same day it is published in the Official State Gazette (BOE), that is, today, April 20, 2022.
Article 6 of Law 2/2021, dated March 29, on urgent measures for prevention, containment, and coordination to address the health crisis caused by COVID-19, establishes, in paragraphs 1 and 2, the circumstances under which face masks are required for people ages 6 and older, as well as the exceptions to that requirement.
Likewise, paragraph 2 of the seventh final provision of the aforementioned law authorizes the Government, by royal decree, after consulting the Interterritorial Council of the National Health System, to modify the mandatory use of face masks in the cases provided for in Article 6 when appropriate public health circumstances so warrant. The same provision stipulates that the elimination or modification of the circumstances under which mask use is mandatory may be agreed upon only when an improvement in the epidemiological situation has been confirmed, in accordance with the system of indicators agreed upon by the Interterritorial Council of the National Health System.
Pursuant to the aforementioned authorization, the Government approved Royal Decree 115/2022, dated February 8 (which is now repealed), amending the requirement to wear face masks during the health crisis caused by COVID-19, thereby rendering null and void the provisions of paragraphs 1 and 2 of Article 6 of Law 2/2021, dated March 29, the circumstances covered by which have since been governed by the provisions of the aforementioned royal decree.
No Mandatory Mask Policy
The Positive Trend in the COVID-19 Pandemic, thanks to the vaccination coverage achieved in Spain and the population’s adherence to non-pharmacological measures to control SARS-CoV-2 transmission through March 2022, it is now possible to consider adjustments to the strategies for controlling the epidemic.
Coverage of Vaccination rates in Spain are above 92% among the population aged 12 and older, and more than 92% of those aged 60 and older have received a booster dose that enhances this population group’s protection against severe COVID-19 and death.. Children aged 5 to 11, the population group that began the vaccination process the latest, now have a coverage rate of over 40% with the full vaccination series. The vaccines used in Spain, according to available data, show an effectiveness—estimated using the screening method—, greater than 90% to prevent severe cases and deaths from COVID-19. The very high effectiveness of the vaccines and the high vaccination coverage rates achieved have brought about a significant change in the epidemiology of COVID-19 in our country.
According to the latest report published on April 8, 2022, all key indicators currently used to monitor the epidemic—as outlined in the COVID-19 Surveillance and Control Strategy following the acute phase of the pandemic—are at a low risk level across most of the country., which means that 42 of the 52 provinces are at alert level 1 and 8 provinces are at alert level 2. Two provinces are no longer under alert.
The severity of the disease has decreased significantly between the period before vaccination and the period after. Thus, according to data received through the National Epidemiological Surveillance Network, The hospitalization rate among cases has fallen from an average of about 7% during the epidemic wave from December 2020 to February 2021 to 1,19% during the epidemic wave from December 2021 to March 2022, while the ICU admission rate has varied from 0.67% to 0.06% and the case fatality rate has fallen from 1.46% to 0.19% for the total population.
This effect is observed, with some variability, across all age groups. Furthermore, the strain on the healthcare system has been much lower during this latest wave of the epidemic than during the one cited as a reference. Currently, hospital bed occupancy stands at 3.4% and ICU bed occupancy at 4%, with both indicators at very low levels compared to those observed throughout the epidemic.
Control Measures
The context described above allows for adjustments to some of the transmission control measures currently being implemented. Specifically, this royal decree modifies the circumstances under which the use of face masks is mandatory in indoor spaces. The adjustments to the measures included herein, which are intended for the general public, should be assessed on an individual basis, taking into account membership in high-risk groups, vaccination status, and social activities and behaviors that may increase the risk of transmission.
The Interterritorial Council of the National Health System’s Working Group on Alerts, Preparedness, and Response has conducted a risk assessment and formulated specific recommendations regarding mask use for different settings and individuals. In this regard, the working group recommends the mandatory use of face masks in certain settings and for certain groups of people, and the responsible use of face masks in other situations.
This royal decree establishes the settings where face masks will continue to be mandatory. However, it is recommended that all individuals who are at higher risk of COVID-19 infection continue to wear a mask in any situation involving prolonged contact with others at a distance of less than 1.5 meters.
Therefore, Responsible use of face masks is recommended in indoor public spaces where people pass through or remain for an extended period of time. Likewise, responsible use of face masks is recommended at large gatherings. In family settings and at private gatherings or celebrations, responsible use is recommended based on the vulnerability of those present.
In the workplace, as a general rule, the use of masks will not be mandatory. However, those responsible for occupational risk prevention, in accordance with the corresponding workplace risk assessment, may determine the appropriate preventive measures to be implemented in the workplace or in specific areas of the workplace, including the possible use of face masks, if such measures are warranted by the aforementioned assessment.
Therefore, the requirement to wear a mask remains in effect in the following cases:
First of all, in healthcare centers, services, and facilities, since these are settings where there may be a higher concentration of vulnerable individuals—for whom the risk of severe illness is greater—and, at the same time, where the likelihood of transmission is higher, as these are places where there may be a larger number of people with communicable respiratory infections, in addition to COVID-19.
Second, attention must be paid to the specific situation of the social and healthcare facilities, particularly nursing homes. In these facilities, the likelihood of transmission is also high, especially when outbreaks occur, which have a significant impact on vulnerable individuals. Since the facility serves as the home for the people residing there, the permanent use of face masks would affect their well-being; furthermore, the people inside the closed facility are not the source of infection, unlike staff and visitors who have contact with the outside world, who may be the ones to introduce the virus. Therefore, mask-wearing will be mandatory only for staff and visitors.
Finally, On public transportation, large numbers of people are concentrated in small spaces, with little distance between them, sometimes for long periods of time. While many forms of public transportation have good ventilation systems equipped with high-efficiency filters, this ventilation is not always guaranteed on all of them. That is why, in this setting, the probability of transmission in the absence of a mask may be high, with a moderate impact given the diversity of exposed individuals, some of whom may be particularly vulnerable. Therefore, the requirement remains in effect for air, rail, and cable transportation; public passenger transportation; and enclosed spaces on ships and boats, when a safe distance cannot be maintained. However, it has been determined that this requirement to wear a mask should not apply to passenger platforms and stations.
Contents of the New Amendment
This royal decree adjusts the rules for wearing face masks indoors, shifting from a requirement to wear them in all indoor settings to a focus on those places where transmission could have a greater impact, such as healthcare centers, services, and facilities; social-healthcare centers; and public transportation.
Therefore, in accordance with the provisions of paragraph 2 of the seventh final provision of Law 2/2021, of March 29, after consulting the CISNS at its meeting on April 6, 2022, upon the proposal of the Minister of Health, and following deliberation by the Council of Ministers at its meeting on April 19, 2022, the requirement to wear face masks is hereby established as follows:
1. »People aged six and older are required to wear masks in the following situations:
a) In health care centers, services, and facilities, as established in Royal Decree 1277/2003, of October 10, which establishes the general rules governing the authorization of healthcare centers, services, and facilities, by employees, visitors, and patients—with the exception of hospitalized patients when they are in their rooms.
b) In social and health care facilities, employees and visitors when they are in common areas.
c) On aircraft, trains, cable cars, and buses, as well as on public passenger transportation. In enclosed spaces on ships and boats where it is not possible to maintain a distance of 1.5 meters, except in cabins, when they are shared by households living together.
2. The obligation set forth in the preceding paragraph shall not apply in the following cases:
a) Individuals who have any type of illness or respiratory condition that could be aggravated by wearing a mask, or who, due to a disability or dependency, are unable to remove the mask on their own, or who exhibit behavioral issues that make wearing a mask impractical.
(b) In cases where, due to the very nature of the activities, the use of a face mask is incompatible with the guidelines issued by health authorities.».
Current Events Article: https://www.legaltoday.com/actualidad-juridica/noticias-de-derecho/entra-en-vigor-la-no-obligatoriedad-de-las-mascarillas-2022-04-20/
