The Govern has obtained the judicial approval to control the increase of coronavirus infections that have occurred in recent weeks on the Balearic Islands. The TSJB yesterday backed the decision of the Executive for the requirement of the Covid Passport from all customers who intend to enter a bar, or a restaurant, with a capacity of more than 50 people, as the judges interpret that this obligation does not violate any fundamental rights, as has occurred before with some health measures imposed by the Executive in this pandemic.
This judicial support allows the Govern to impose the covid passport from this Saturday. The certificate indicates that the person has recieved the double vaccination schedule.
This judicial ruling has not come as a surprise, given that a few days ago the Supreme Court also backed this entry control obligation in recreational premises in other autonomous communities.
Covid passport in Balearic Islands
The TSJB magistrates have interpreted that these measures against the pandemic “are suitable” because they help to limit the spread of the virus. And in addition to suitable, also qualifies them as “necessary in view of the increase in contagions.” The court order specifies that the limitation of fundamental rights is “tenuous”, because it is only a question of showing a certificate at the entrance of the restaurant, without personal data being stored, nor forming part of a file.
The court also points out that there are other alternatives to the covid passport, which do not require proof of vaccination. The client can show the result of a PCR or prove that they have already recovered from Coronavirus. In other words, it is not necessary to show the patient’s medical data in order to be allowed entry. In any case, the court considers that going to a bar to drink is not an essential activity.
The order also adds a pointed criticism to those who are anti-vaccine. The magistrates consider that those who do not have these documents are those who have chosen “to prioritize their personal freedom over the collective welfare”.
The court is aligned with the statement that the most effective remedy to control the pandemic is vaccination and while it is true that it does not cure the disease, it does help to “stop or slow down” the spread of the virus. In other words, the vaccine is currently the most appropriate solution to prevent the spread of contagion.
The spokesman for the Government, Iago Negueruela, said they are “satisfied” with the decision of the High Court of Justice of the Balearic Islands because it gives the regional executive the necessary tools to “protect” the population of the islands in the coming months.