A previous request was rejected as its wording would have meant that workers would need to produce the certificate.
But on Friday afternoon the judges of the Andalusian High Court ultimately concluded that, despite the fact that there are some infringements of fundamental rights, the measure is not implementing anything compulsory because people have the choice between a negative test or vaccination.
Moreover, it is an infringement “so rare”, the other fundamental right it is protecting – the right to life – outweighs anything else and is, therefore, “in accordance with the law” and satisfies the criteria of proportionality, suitability and necessity.
The Covid health pass measure was already applicable to gaining entry to hospitals and care homes in Andalusia.
The measure applies to anyone aged 12 and over in the southern region.
Although controversial in other European countries, the court ruled that the Covid passport “is necessary in order to immediately reduce the rising rate of infections” and because it limits access to people who may have a higher risk of transmission of the disease.
The use of the Covid Digital Certificate for daily affairs in Andalusia has been initially approved until January 15th, in a bid not only to slow infections of the new Omicron variant but to try and limit the inevitable surge many medical experts in the region expect following the upcoming Christmas period, when increased travelling and socialising is anticipated.
Covid-19 cases have been skyrocketing across Spain in recent weeks, though both hospitalisations and deaths are nowhere close to the levels seen in the past thanks to Spain’s vaccination rollout.
Medical experts in Madrid estimate that anything between 30 percent and 60 percent of new cases are of the Omicron variant, and in Catalonia new self-isolation measures were introduced on Friday in a bid to try and slow the rising caseload, where it is believed 25 percent of new cases are of omicron.
Article by Conor Faulkner.