The Supreme court has endorsed the decision of the Xunta de Galicia to demand the Covid passport to access the bars and clubs. The government of Alberto Núñez-Feijóo He imposed this measure in August to reduce infections.
The Fourth Section of the Contentious-Administrative Chamber affirms that “the benefit provided by the measure, with respect to the reduction significant number of contagions, it is far superior to sacrifice which entails the requirement to present the documentation for access to the premises “.
To which he adds that “in short, no more appropriate measure is in sight to safeguard the life and health of citizens, in this type of premises “.
The ruling indicates that the display of the Covid passport does not violate the right to equality because there is no discrimination between those who are vaccinated and those who are not.
“Let us remember that the documentation has a triple modality, which is accessible to all, so that who does not want to show whether or not they have been vaccinated, taking into account its voluntary nature, can present test result or antigen test, and of course the certificate of recovery of the Covid-19 if the infection has passed. “
In any case, the Chamber appreciates that there is an objective and reasonable justification to allow or not access to the corresponding establishment, since it’s about protecting people’s health and lives, through a measure that prevents or restricts the spread of the pandemic.
The Chamber also rejects that requiring the Covid passport violates the right to privacy and ensures that the prevalence of this right cannot be asserted over the right to life and the protection of public health.
“It is true that it is medical information, but the connotations imposed by the pandemic situation, the massive nature of the vaccination and the solidarity that protection and help entails among all, devalues the pre-eminence of privacy in this case”, the magistrates emphasize.
The sentence mentions the precedent of this court that in a previous sentence rejected the exhibition of the Covid passport in Andalusia. It explains that in that case the need for the measure that had been extended to the whole of Andalusia in a general way, applicable to the entire population and municipalities regardless of the incidence rate and not linked to health status and evolution, had not been justified.