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The

Covid passport

returns to serve as a control in the face of the increase in cases that threatens a new wave, the sixth. Galicia and the Balearic Islands already had a green light at the end of the summer. Both communities

use it to control access to nightlife

. One has a contagion rate of 53.16 and another with 124.11, and the first has 84.9% vaccinated and the second 72.2%. In the archipelago its use is not uniform. In Mallorca and Ibiza it is requested in the discotheques (with a differentiated dance area, it does not affect bars); in Menorca, not at this time; and in the three islands it is required in the access to the residences of the third age. On the other hand, in Galicia, the

Xunta has announced that in addition to leisure, it will ask for it when accessing hospitals

.

To these communities, in order to stop the contagion and encourage the unvaccinated bags, the Valencian Community, the Basque Country, Castilla y León and Catalonia have now declared that they are joining. For the moment, Madrid declines to implement its use. The

Lehendakari Iñigo Urkullu expects the Superior Court of Justice of the Basque Country (TSJPV) authorizes

to the Basque Government to use the passport Covid-19 as a

requirement for access to hospitality venues and cultural events. Until today, this autonomy had been critical with the use of this document as a filter.

The

Valencian Community

has also changed its criteria regarding the Covid passport for

two reasons: the increase in infections and the resistance of 10% of the population

to be vaccinated despite the awareness-raising actions carried out by the Ministry of Health. The position is no longer to wait until the Government of Spain legislates how this restrictive measure of access to venues and events can be imposed, but to take the initiative.

The Government of Ximo Puig has requested a report from the Generalitat Lawyers' Office

to know the legal coverage to adopt this measure and how it should be articulated, because the firm intention is to "accelerate" the requirement of this certificate in certain spaces that will be determined by "the scientific authorities", but which happen to be closed places, where the use of the mask cannot be constant and the safety distance cannot be guaranteed.

By their very nature,

nightlife and hospitality are the sectors that could be affected

.

They are intended to reach an agreement prior to implementation, according to Puig, although in the case of nightlife they have been asking for it to be applied for months.

In this scenario,

several experts consider it necessary for the health authorities to agree on a clear objective

in this regard, in order, from there, to apply the appropriate measures and, in any case, those that imply a lesser restriction of fundamental rights. "

Let's not start killing flies with cannon shots, if we can do it with a cloth,

" sums up Íñigo de Miguel Beriain, distinguished researcher at the Faculty of Law of the University of the Basque Country / EHU.

“First you have to start by knowing what we expect our public health policies to do, because it is not the same that we have the goal of zero covid,

maintain a low hospitalization rate or save healthcare costs.

After defining the objective, it is necessary to see the proportionality of the measures, which requires, in the first place, to justify that the measure to be adopted is going to serve the objective that the health authority has set and that, in addition,

It cannot be achieved with a less restrictive measure of rights,

”explains researcher De Miguel.

The words of the doctor of laws are framed in a week where countries such as

Austria

, the Netherlands or Germany have announced a return to limit freedoms

to control the circulation of SARS-CoV-2 with the focus on anti-vaccines a group that in those countries It is worrying in number. “

In Spain there are no large anti-

vaccine

groups

, the problem is that there are people who, for whatever reason, have not been vaccinated.

An effort is being made to facilitate vaccination

", explained María José Sierra to this newspaper, in response to the 3.7 million unvaccinated that Health figures.

Despite the clear differences that exist between the advance of SARS-CoV-2 in Spain and its European neighbors, the increase in incidence above

one hundred cases per one hundred thousand inhabitants in autonomous communities such as Navarra, Aragon, the Balearic Islands or The Basque Country has resurrected old ghosts

. Regarding the certificate, the Supreme Court endorsed its use in a ruling, where it clarified that the requirements of "suitability, necessity and proportionality" had to be met in order to consider the measure as adjusted to the law.

In any case,

forcing unvaccinated adults to do so, in addition to not fitting into our legal framework

, as several judicial instances have recalled during the pandemic, “

would not make sense now,

because we are not in a situation of risk, when we are not He forced them to get vaccinated a year ago, ”says De Miguel. In accordance with our legal framework and its limits, Salvador Macip, professor and researcher at the Health Sciences Studies at the UOC and at the University of Leicester, recalls that

other measures such as those that exist,

for example,

could not be imposed either.

in Italy where you are required to have a Covid passport in order to work. «

From a legal point of view there are difficulties in limiting certain rights to the unvaccinated

, but the Covid certificate may be requested to limit certain leisure activities.

If the incidence rises, we will see an increase in the restrictions ", reasons Macip.

According to the criteria of The Trust Project

Know more

  • Science and Health

  • Covid 19

  • Coronavirus

  • Sprouts

  • Spain

  • Basque Country

  • Germany

  • Ximo Puig

  • Navarre

  • Aragon

  • Balearics

  • Supreme court

  • Italy

  • Castile and Leon

  • Majorca

  • Ibiza

  • Galicia

  • Valencian Community

  • Catalonia

  • Madrid

  • Iñigo Urkullu

  • Health

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