The concept of state of emergency names a exceptional scenario that affects a nation, such as: the event of a single event, a natural catastrophe, threat of external or internal war, invasion, disturbance of order, epidemics or outbreaks of serious diseases, among others, for which the government in office and its highest executive authority decide to restrict or suspend some essential rights partially or totally to guarantee order, or failing that, to prevent the critical situation from spreading and unleashing even greater chaos.
Exceptional context that a nation experiences as a result of a natural catastrophe, war, epidemics or social unrest and that demands that its authorities implement urgent measures to alleviate the danger
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.
Various types of emergencies can occur within the framework of the declaration of this state, although regardless of the case, a context of danger will always be present and the imperative need of the state to implement urgent actions and decisions aimed at mitigating these damages.
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 enforce 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 security forces to take to the streets to ensure that such measures are satisfactorily complied with, that is, they will exercise power. full police force to effectively enforce this declared status.
Some of the rights affected may be the freedom of the citizen to meet or move freely through their nation, the inviolability of homes, among others.
When a serious event occurs in a country that causes a certain sector of the population to turn to protest in the streets, causing a climate of social tension, it may happen that the government, to guarantee the safety of all citizens and restore the ruling order, dictate 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 as well.
The scope of the state of siege is similar to those proposed by the state of war and therefore it is characterized by the departure of the armed forces to patrol the streets to control and repress those seditious actions.
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 individuals can not only be detained just for the sake of it on the streets, that is, without the corresponding order from a judge as required by the state of law, 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 that is harmful to the health of society, for example, those that produce negative effects on the environment for some reason, such is the case of pollution. 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 takes place that produces a catastrophe causing the loss of human lives, injuries and material destruction, especially with regard to the infrastructure of the place, leaving the population in a situation of absolute vulnerability.
Among the most common examples we can mention earthquakes, tsunamis and tornadoes, which in their path usually destroy material goods and also cause the death of thousands of people, especially if they happen untimely.
