The Superior Court of Justice of the Balearic Islands (IST) rejected the request of Liberum Association, together with 329 citizens, against the health measures in the residences adopted by the Government in December 2021. The High Court, in fact, declares the inadmissibility towards the Association for lack of active legitimacy, a legal notion that refers to the link that unites people to judgment and their right to participate. In other words, the association is expelled from the proceedings because it is deemed not entitled to take legal action.
As for the merits of the appeal, the TSJIB supports the actions of the government. The measures consisted of restricting visits by limiting them only to people who credited themselves with being vaccinated or provided a negative test; the conditions for leaving the residence or for new admissions were set; screenings for unvaccinated users have been established; and periodic worker testing was recommended.
The lawsuit alleged that all of these measures would violate several fundamental and constitutional rights, including the right to honor and privacy. staff by imposing different conditions on workers because they are vaccinated or not; or claimed to have been “coercively” induced to undergo a diagnostic test or treatment to exercise the right to work, reports Europa Press.
The lawsuit also found violation of the right to ideological or religious freedom that can be enjoyed by those affected who have decided, on the basis of their own convictions, not to be vaccinated or to “undergo an invasive diagnostic method, when vaccination is not mandatory , .in Spain”.
The TSJIB rejected all these allegations, considering that the measures do not involve a violation of fundamental rights.
Among other things, the Chamber underlines that the agreement of the Consell de Govern established “valid and logical alternatives to the requirement of the so-called Covid passport” to access the centers, as a “simple and easily practicable” diagnostic test, without any complications. scientific and medical access to the common population.
A) Yes, the magistrates do not agree that these measures presuppose “degrading treatments” and believe that diagnostic tests as an alternative to vaccination are fully justified. “The opposite would be to leave a part of the population on the absolute margin of any co-responsibility in the search for solutions to the global pandemic that we have suffered and that no one denies”, they underline.
The sentence imposes the costs on the plaintiffs, with a limit of 2,000 euros for all notions. The resolution is not final and can be challenged before the Supreme Court.
