Legal chaos of Covid passports in the absence of common guidelines

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• Courts Basque judges prevent Urkullu from using the Covid passport

• Restrictions The Valencian Community will implement the Covid certificate for the Constitution Bridge

There is no official answer - and this newspaper has asked the Ministry of Health - about when the implementation of the Covid certificate or passport will enter the Interterritorial Council's agenda. However, there is already a clear question and

not going to go ahead to make this decision until there are different judicial resolutions between higher courts of justice (TSJ).

While last Friday, the Litigation Chamber of the TSJ of Galicia gave the endorsement to the Government of Alberto Núñez Feijóo to request the Covid certificate to visits in public and private hospitals, this Monday the TSJ of the Basque Country has said no and the TSJ of Aragon has suspended its decision pending the allegations of the Executive and the Prosecutor's Office,

The Urkullu Government's question was different and,

easier than the one formulated by Galicia because it had jurisprudence on the case: the Basque Government sought the endorsement to use the Covid certificate in leisure and restaurants for more than 50 diners, yes,

The 12-page car breaks down the epidemiological report presented by the Basque Government to conclude that it is "incongruous" and, in addition, highlights the "unnecessaryness of the Covid passport."

and also leaves children under 12 years old aside, after recognizing that at the moment they are the main focus of transmission.

The resolution says that "the very high percentage of vaccinated

[...] From this presumption, imposing the passport requirement indiscriminately lacks justification, and even less when it is simultaneously recognized that the effects of contagion on those vaccinated are not relevant. "

Among the magistrates signing the order is Luis Ángel Garrido, president of the Contentious-Administrative Chamber of the Supreme Court of the Basque Country, the protagonist of a notorious controversy over

.

The jurists consulted on this issue recall that

that the courts make to decide on the certificate, the scope of application of the measure, the epidemiological situation must be taken into account ... Circumstances, all of them, already included in the Supreme Court in its September ruling, when it endorsed the Covid certificate for leisure in Galicia.

Neither waiters nor healthcare professionals

However, there

also

that endorses the use of the Covid certificate for visits to hospitals does not consider incongruous that neither doctors nor health personnel in general are obliged to show it, while visits yes. In other words, it does not take into account what is evident for the TSJ of the Basque Country: that waiters and owners of the premises are not required that certificate, while customers do and the virus does not distinguish.

In the light of the Basque order,

head of legal coordination of the Castilla-La Mancha Health Service (Sescam), makes an assessment in which he admits that "it is rigorous and comes to say what

and it is that it is not possible to apply the same measure for the entire territory. You have to observe the different incidents ".

On the other hand, he believes that the Basque magistrates "spin fine when they say that they do not provide evidence of the connection between those hospitalized and the activities that take place in these places", but he considers that

and in terms of the presence of minors, these being one of the main sources of contagion ".

The Covid certificate is already applied in the Balearic Islands, Galicia and Catalonia to access certain services, such as nightlife, with the endorsement of their regional courts. In the Valencian Community, work is being done to request legal endorsement from the Superior Court of Justice to

, reports Noa de la Torre. Also

, but with the fear of a possible

from its court

The solution: establish common criteria.

The Minister of Health of the Community of Madrid

have expressed themselves in favor of the Ministry of Health leading the decision on the use of the Covid passport and giving common guidelines.

This week,

has taken a further step in this regard and has asked the Government to implant, with sets criteria for communities, Covid certificate due to the increased incidence and at the approach of the Christmas season.

In a statement, the president of the entity, Ángel Puente, is committed to the implementation "as soon as possible of a homogeneous regulation" for access to "certain spaces and areas, given the significant increase in cases in recent days."

"We cannot continue with a management of the Covid individualized by regions and that generates so much uncertainty in the citizens," says Puentes regarding the management of the pandemic, although he praises the

attitude

, who have a vaccination rate that is close to 90%.

What does science say?

Amós García Rojas,

president of the Spanish Association of Vaccination and member of the Vaccine Conference of the Ministry of Health, responds that the Covid certificate could be a "convenient measure" and explains the reasons: "At the moment in Europe there is a wide dissemination of the virus consolidating a sixth wave in several European countries. This has been the result of two clear situations:

were suppressed overnight " . But the situation in Spain "is different" and the reason is that "we have, on the one hand, very broad vaccination coverage and, on the other hand,we have maintained a series of restrictive measures in the context of the entire pandemic. "

With these coordinates, García Rojas considers that "any type of intervention that is made should be based on the following reflection: We live where we live and that

. We will continue to have an increase in cases. There are still people who are not vaccinated. " But, he clarifies that "although the possibility of developing a sixth wave is not impossible, it should have a lesser effect than the previous ones, since we have large vaccination coverage in our most vulnerable people."

Future infections "will continue to be linked to closed and poorly ventilated spaces, where we tend to lower our guard and not protect ourselves with a mask, despite the fact that indoors it is still mandatory. That is where we will have more infections and, from that point on perspective,

According to the criteria of The Trust Project

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