The Supreme Court of Justice refused to enable the judicial fair to deal with various proposals against the application of the “health pass”, which the Government established from the beginning of 2022, in agreement with all the provinces, to combat the spread of the coronavirus.
The health pass requires having a complete vaccination certificate to attend different social events and recreational places, with small differences in each province, and it is being carried out normally in the middle of a season with a record number of tourists mobilized throughout the national territory in middle of the third wave produced by the Omicron variant.
The Court protected Article 4 of the Regulations for National Justice, which establishes that in January and Easter “the national fair courts will dispatch (only) matters that do not admit delay.”
The rejection was left in the hands of the president of the Court himself, Horacio Rosatti, who stayed in front of the court during the first fortnight of the summer recess and who considered that the objections to the sanitary pass did not fit in with the proposals that “do not admit delay”.
The hard wing of Together for Change, promoters of the demands
The former candidate for national deputy and member of the United Republicans group, led by former Minister of Economy Ricardo López Murphy, Sandra Pitta, was one of those who presented a habeas corpus to suspend the “health pass”.
In his presentation, Pitta considered that the reason for establishing the measure was the “deficient” national vaccination campaign, despite the fact that Argentina has already exceeded 73 percent of the population inoculated with two doses.
Who also joined the criticism against the health care measure was former President Mauricio Macri who once again bowed to the arguments that anti-vaccine groups usually put forward: “These are very difficult things to implement. Who and how is it administered? “These are things that are proposed for ideal worlds, but that are used by authoritarians to attack freedoms.”
The Judiciary of Corrientes and Buenos Aires ratified the measure
The Civil and Commercial Judge No. 12 of Corrientes, Pablo Teller Reyes, rejected a request for protection filed by the parents of two girls, aged 11 and 15, who are not vaccinated.
“Almost two years after the Covid-19 pandemic, as the application of the different vaccines progresses around the world, deaths and hospitalizations have been significantly reduced (…) The requirement of the sanitary pass does not appears irrational in this context,” the judge said.
In this way, the judge considered “manifestly inadmissible” the amparo action, which attacked two local regulations that support the validity of the health pass. This is Provincial Decree No. 157/21 and a municipal ordinance of adhesion, which require a health pass to enter activities, events and places of public attendance.
The parents of the girls indicated that these measures were unconstitutional for violating articles 14 and 19 of the Magna Carta, since there is no legal norm that imposes compulsory vaccination against the coronavirus.
Teller Reyes, in its foundations, argued that none of the regulations that support the sanitary pass prevents the family from moving around the country, they do not represent any violation of either the principle of reservation (Article 19) or the right to travel freely (Article 14 ).
Meanwhile, last week, the Court of Guarantees No. 6 of La Plata rejected a similar proposal, which argued that the health pass violated “freedom.”
“There is no objective evidence of a certain and imminent situation derived from an illegitimate or arbitrary action that threatens the personal freedom of the applicant or the community,” said the head of the court, Agustín Crispo.