The court accepted the precautionary measure to suspend the compulsory vaccination against COVID-19 in people under the age of 12.
The Court of Appeal for the Administrative and Civil Litigation of the Treasury accepted a precautionary measure to suspend the mandatory vaccination against COVID-19 for people under the age of 12.
The precautionary measure was presented by the lawyer Arcelio Hernández Mussio and had been rejected in the first instance by the investigating judge, Cindy Chavarria HernandezHowever, the Court of Contentious accepted the proposed appeal.
As indicated in sentence 439-2022-I, the Court agreed to suspend the effects of Executive Decree no. 43,364. “Only in the compulsory vaccination in the pediatric population (up to twelve years of age), while there is no definitive ruling”.
As the judges recalled in their vote that they accepted the precautionary measure “It is clear that there would be no compulsory vaccination, but not because the validity of the question is being conceded, but because the underlying assumptions were considered credited, both the appearance of good law, the danger in delay and the weighting of interests.
The Tribunal that accepted the precautionary measure was made up of judges Rosa Maria Cortes Morales, Yazmin Aragon Cambronero and the judge Otto González Vílchez.
