Legal aspects of public health: How law frames communicable disease control in Greece

Abstract

We reviewed Greek law (legislation, historic Royal Decrees, and modern Presidential ones, 1833-2010) pertinent to control of communicable diseases and compared this body of Greek law with the revised International Health Regulations. Greece authorizes and regulates communicable disease control commensurate with public health risks, and integrates the principles of equality, objectivity, and respect for human rights. Despite strength at the level of principles, Greek law lacks coherence, clarity, and systematization. An inadequate body of regulations means legislation falls short of adequate implementing authority and guidelines; public health authorities often cannot find or understand the laws, nor are they certain about allocation of jurisdictional authority. We identified areas for improvement.

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“…Greece introduced legal provisions in the area of public health already in the nineteenth and early twentieth centuries but only with regard to communicable diseases and without an effective implementation of the legislation in practice [1]. In this period, the Ministry of Hygiene and Social Welfare was established (Law 748/1917).…”

“…For the first time in 2003, in the anticipation of the 2004 Athens Olympic Games, the Greek government seriously attempted to control infectious diseases effectively. It should be mentioned however that this effort did not include a well-conceptualized vision and had many shortcomings, including the lack of clarity about jurisdictional boundaries, lines of command, and procedural requirements [1].…”

“…More policy efforts are however needed to assure a modern and comprehensive system of public health services focused on health determinants and needs of vulnerable groups (for example the elderly and disabled). Such system is still absent in the country [1].…”

“…As shown by the review findings, there is also a need of to investigate and outline mechanisms for a cooperation between the public health institutions and the legal sector to minimize confusions in the current public health legislation [1]. New structural reforms implemented in practice, not just stipulated in the legislation, can help to place priority on the public health actions.…”

“…The public health concept has been interwoven in many laws and government regulations in Greece [1]. Numerous public health institutions have been also established (e.g.…”