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The
Superior Court of Justice of the Basque Country
(TSJPV) rejects the use of the Covid passport in the Basque Country to prevent the unvaccinated from accessing
bars, karaoke bars, discos and restaurants with more than 50 diners
. The Basque judges have made public a controversial opinion approved by
two votes in favor and a dissenting vote
, issued by the magistrate Luis Garrido, by which they overturn the request of the Government of Urkullu to activate this filter of access to public places before the increase of contagions.
The judicial resolution disfigures the Health Minister
Gotzone Sagardui
the lack of specific information on the evolution of infections, underlines that since there are
90% of vaccinated
the imposition of the Covid passport is not necessary and considers an
"incongruity"
that does not arise your requirement for owners and waiters or children under 12 years of age.
The opinion of the
Contentious-Administrative Chamber
of the TSJPV multiplies the disparity of legal criteria on the application of measures against the coronavirus. The opinion
warns that the measure to be applied affects several fundamental rights
that go beyond the right to Equality and Privacy that are included in the petition submitted by the Basque Government.
The magistrates also add the rights of assembly, freedom of movement and even that of expression and artistic creation when understanding as such the activity that can be carried out in a karaoke. A
singular interpretation that would even affect the "free development of personality"
curtailed to those who do not have the Covid passport that was also intended to be used in the Basque Country.
Faced with the limitation of these fundamental rights, the Chamber understands that
the data provided by the Department of Health is insufficient
to approve this exceptional measure because only the average incidence rate of 184.8 cases from November 15 is included. In addition, it is found that
the Basque Government itself confirms that "hospital pressure is not worrisome"
without providing specific data on the number of beds dedicated to caring for these patients and what proportion they represent of the total capacity of the Basque Health System.
In addition,
two "factors"
are incorporated
that underline the "incongruity" of the objective
of implementing the Covid passport in the Basque Country.
On the one hand, it is noted that
owners and waiters
of these premises
would not be required
when they are the ones who would spend the most time inside and it is also highlighted that
children under 12 years of age
not yet vaccinated but who have become the group
would be
exempt.
that more contagions are producing.
According to the criteria of The Trust Project
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