We explain what a curfew is, what it is for and how it works. In addition, we tell you how it differs from the state of siege.
What is a curfew?
A curfew It is a measure of prohibition or restriction of the free mobility of citizens of a city, region or country that establishes a government to deal with a situation of shock or public risk. This is a legal measure, common in contexts of war or social crisis whose compliance is supervised by law enforcement or even the armed forces.
When a government decrees a curfew, it is requiring its citizens to remain at home for their own good, that is, to prevent them from taking risks and endangering their safety and/or that of third parties. Therefore, under a curfew, it is not allowed to circulate on public roads, except to respond to emergencies or situations of extreme urgency. This measure is typically applied at night, but can also be used during part of the day.
The exact terms under which a curfew is implemented They are normally contemplated in the national constitution and the laws of each country. There it is established when it can be declared and what the exact bureaucratic procedure is, how long it can last and what its limits are. The latter is particularly important, since the free movement of people is considered a fundamental human right, which should not be violated except when extraordinary forces of a higher order govern.
See also: Social control
How does curfew work?
Essentially a curfew It is a government decree that, upon coming into force, prohibits the movement of citizens during certain time periods or restricts it to times considered lower risk or safer. This varies depending on the specific situation being faced. The curfew must be made public and official in good time, so that people can take precautions and adjust their affairs to the permitted schedule.
Law enforcement and/or armed forces take to the streets during curfew hours to ensure that no one violates the mandate to remain in their homes, or that only those people exempt from the measure do so, or those who are forced by necessity or urgency to go out into the streets, such as when faced with a medical emergency, for example.
People who violate curfew may be reprimanded, fined or even arrested, depending on the severity of the situation.
What is a curfew for?
Curfews are emergency preventative measures. are implemented when there is a threat that is difficult to control and puts public safety at risk either for governance reasons or because it threatens the life and integrity of people. Thus, for example, curfews are implemented in situations of war, insurrection, terrorist attack, environmental catastrophe or health epidemic.
A controversial aspect of curfews is that It restricts a fundamental freedom of citizens and gives control of the streets to the State something that can serve authoritarian or openly autocratic governments to suppress political opposition and prevent legitimate citizen protests.
Finally, curfews are not necessarily national: they can be imposed at the regional, municipal or local level. Even a house manager can impose a curfew: a time after which the house will not open its doors. The latter, however, is a rather metaphorical use of the phrase.
In which countries has curfew been declared?
Throughout history, different countries in different circumstances have declared a curfew on their population. For example, During the acute phase of the Covid-19 pandemic in 2020, many countries imposed a “health curfew” to prevent its population from circulating freely and contracting a disease at that time unknown. Among these countries were Argentina, Spain, South Africa, Peru, Ireland, France and many others. The schedules and conditions of each one could vary according to the case.
In other contexts, A long night curfew was imposed in Chile, during the military dictatorship of Augusto Pinochet from September 11, 1973 to January 1987. Something similar happened in Peru during the time of terrorism (1980-2000), with the purpose of controlling the activities of subversive groups; and also in Puerto Rico in September 2017 to prevent the looting that occurred after the devastation of Hurricane María.
Curfew and state of siege
The curfew should not be confused with the state of siege, although In both cases the State can restrict some citizen freedoms to ensure security and order. While the curfew is limited to imposing a schedule of non-public circulation, a state of siege implies a much more severe set of conditions among which the curfew usually forms part.
Thus, during a state of siege, not only can a curfew be imposed, but the rest of the public guarantees can be suspended (except, in principle, some basic human rights), public roads can be completely militarized, expropriations can be carried out, among other emergency measures.
References
- “Curfew” on Wikipedia.
- “Curfew” in the Pan-Hispanic Dictionary of Legal Spanish of the Royal Spanish Academy.
- “What is the 'curfew' and why constitutionalists warn that restrictions should not be established by decree” at the Torcuato Di Tella University (Argentina).