The applicants were judges of the Riga Regional Court Normunds Riņķis, Iveta Stuberovska and Olita Blūmfelde, as well as two judges of the Zemgale Regional Court – Svetlana Maršāne and Visvaldis Sprudāns.
This is the second case of its kind before the judgment of the Court of First Instance, and the applications in both cases have been rejected. The first was rejected by the court Ministry of Welfare officials Sandra Ruckas, her husband Gunārs Rucks and daughter Kristīne Ruckas claim against the vaccination obligation. In total, the court has already received about 200 such applications.
As the Administrative District Court explained in the Ruckas judgment, the claim against compulsory vaccination was dismissed because the benefit to society of imposing the vaccination obligation outweighed the violation of individual rights.
The Court recognized that the obligation to vaccinate, subject to the consequences of non-compliance, restricts individuals’ right to privacy and their right to choose their occupation and employment freely according to their abilities and qualifications.
Examining the circumstances of the case, the court concluded that the obligation to vaccinate provided for in a government order has been established by law, has a legitimate aim – to protect the rights of others and to protect the epidemiological security of the public. continuity of functions and services and it is proportionate, ie the means used by the legislator are appropriate and necessary to achieve the legitimate aim, and this aim cannot be achieved by other means less restrictive of the rights and legal interests of the person.
In order to limit Covid-19, the Cabinet of Ministers determined that public sector employees must be vaccinated against Covid-19 by 15 November, but those who had started a vaccination course by that date but had not yet received Covid-19 vaccination certificates could continue to perform their duties. remotely or in person. The deadline for these persons to obtain a vaccination certificate is 15 December this year.
The same conditions apply to private sector employees who perform their duties in the private sector in person and come into direct contact with customers, are at risk of infection or ensure business continuity. Employees who have been informed by the employer of the obligation to vaccinate after assessing the risks must complete the vaccination course by 15 December.
This week, the government decided that from December 15, those who have received either the only Johnson & Johnson or both doses of Covid-19 vaccine from other manufacturers, but have not yet had 14 days to receive a vaccination certificate, will be able to plant in person.
Until the vaccination or disease certificate is obtained, the employee will be able to continue his / her on-site work on presentation of a test certificate not older than 72 hours or a screening antigen test organized by the employer during the last 72 hours.
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The court rejects a complaint by several judges about the government’s obligation to vaccinate against Covid-19
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