Could the Balearic Islands compel Covid vaccinations, like Austria does? The answer is an emphatic “no.” According to UIB constitutional law experts contacted by this publication, “the current regulatory framework does not provide adequate support” for steps such as those announced this week by Austrian Chancellor Alexander Schallenberg: mandatory vaccination beginning in February.
“The ideal choice would be a balanced and time-limited Organic Law.”
This measurement “would be in conflict with physical integrity. You cannot coerce someone into receiving the vaccine”. This shows Professor Joan Oliver Araujo’s assertiveness, despite his agreement with Dr. Maria Ballester Cardell that “We will need to act swiftly and decisively, as this will continue to progress”. Indeed, the coronavirus’s cumulative incidence throughout the archipelago continues to climb, reaching 153 cases per 100,000 inhabitants yesterday. In terms of vaccination, 82.7 percent of the population over the age of eleven years in theBalearic islands has received the entire recommendation, but we must not forget that 17.3 percent has not yet been vaccinated.
“Restrictive measures against the unvaccinated should be enacted”
This proportion, in the words of Oliver Araujo, is a “walking bomb” that “walks the streets and puts us all at risk.” What steps might be done to avert a pandemic? According to the jurist, the ideal would be to enact “restrictive measures against unvaccinated citizens,” because he believes that the right to life is “the nuclear right” and that what should take precedence is “protecting the majority’s life.”
Increased limitations and even imprisonment are the greatest answer for the professor. “Because those who choose not to be vaccinated cause significant harm to the community, actions could include prohibiting them from attending restaurants and recreational places and gradually increasing the amount of restrictions,” he observes.
What would be the optimal method for implementing these measures? According to Oliver Araujo, given that the Constitutional Court declared the two states of alarm unconstitutional – the first for suspending fundamental rights, he concluded – the most appropriate use of the state of emergency would be that “the state of emergency is authorized so that the government can suspend freedom of movement.” “It would be a severe step, but proportionate to the severity of the problem,” the expert says.
State Organic Law to deal with Covid in the Balearic Islands
Ballester Cardell, on the other hand, believes that the most effective way to decrease the percentage of unvaccinated persons is to “increase public awareness.” In response to Oliver Araujo’s reference to a state of emergency, she believes that “it creates a problem: its limited lifespan.” The specialist believes that the condition of panic is the proper instrument: “It is extensible, and the virus, which has no regard for time or deadlines, is gaining root. She is aware, however, that “it is quite improbable” that the Government will take this action in light of the Constitutional Court’s rulings.
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