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The dangers of discriminating against the green passport
Imagine a two-tiered society: one group has access to jobs, culture, sports, conferences, events to museums, cafes, malls, hotels, gyms and pools - and the other group does not have an acceptable reality?
And all this, even before we talked about the counterfeiting industry
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Green passport
Adv. Gil Harel
Thursday, 28 January 2021, 11:03
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The government is currently trying to enact the "Green Passport" law.
The passport will allow the same person to enter cultural, sports, conferences, events and museums.
The question of whether the law is constitutional and meets the conditions of the limitation clause is a material and fateful question.
Can the government make a distinction in the name of the law between the vaccinated group and the non-vaccinated group - which includes those who do not get vaccinated by choice and those who cannot get vaccinated due to health conditions, for example people with allergies who want to get vaccinated but can not.
The green passport may cause severe discrimination and violation of the right to equality as part of the Basic Law of Human Dignity for those who do not have the passport / certificate - these documents are in fact a ticket for people to public places, and even these certificates may leak into the labor market.
It should be emphasized that the enactment of the Basic Laws is for the purpose of preserving human dignity and liberty in 1992. Will the metaphorical distinction create distinctions between groups?
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To the full article
Have you been vaccinated?
Beauty.
There are those who can not.
And what about them?
(Photo: Reuven Castro)
Hadassah Ein Kerem Hospital is the first to announce that hospital employees who are eligible for the vaccine, but will not be vaccinated, will not be able to get to work and go on vacation.
The hospital is the first to adopt the idea of a "green passport" for vaccinators and without the need for a government.
There is therefore no doubt that legislation is needed to prevent situations in which each body will do what it sees fit.
Israeli law seeks to balance the private interest and fundamental right of a person to liberty and dignity, and the public interest and the right of a person to prevent himself or his children from being exposed to unnecessary health danger.
For this reason, for example, the law restricts a person's right to smoke in public places and sets out provisions by virtue of which children can sometimes be vaccinated or given medical treatment against a person against their will.
This, as an exception to the basic principle of medical treatment only voluntarily and "informed consent", a principle that complies with the Patient Rights Act 1996.
Therefore, if there is no evidence that a particular disease may infect humans and harm their health, carriers must not be prevented from entering public places or educational institutions. To the Ministry of Education, 1993, which regulated the policy regarding students carrying AIDS or AIDS patients.
Easy and material, there is no ability to distinguish between vaccine groups, especially one that has not been fully tested and its results have not yet been formulated.
On the one hand, it must be seen that the state is able to lock its gates and prevent the entry of returnees from abroad.
The conditioning is fundamentally wrong
Health Ordinance with sections 11-16 (infectious diseases) 1940 - If it is a contagious disease, sometimes it is also possible to order "closure" and isolation, those who are infected with a contagious disease and pose a "risk" to public health, and even put under supervision and supervision to reduce the spread of the disease.
In accordance with the recommendation of the International Health Organization, to date no country in the world has conditioned entry to public places and restricted the right to liberty and movement through a "green passport".
Most European countries oppose the use of these certificates, while some countries are asking the EU to adopt them.
Since the "green passport" discriminates between groups, one group has access to public places and the other - does not, and violates the fundamental right of the individual, the right to equality, as a derivative of the Basic Law: Human Dignity and Liberty, the proposed law must comply with the restriction clause.
According to the explanatory memorandum to the bill, on the face of it, the law is intended to encourage the individual to get vaccinated in order to prevent the spread and inhibition of the virus.
That is, a "reward" for those who choose to be vaccinated, but the condition of social participation in taking a vaccine that has not been fully tested and whose results have not yet been unequivocally crystallized in granting a "green passport" is fundamentally wrong.
We do not know now whether immunization will inhibit the spread of the virus "as a proper purpose."
Modernity also admits: infection is also possible among vaccinated people (Photo: Reuters)
None of the clinical trials conducted have demonstrated that vaccines fully prevent infection, although they largely prevent symptoms, so asymptomatic infection remains a living and questionable hazard.
This emerges from the results of the ASTRAZENECA and Oxford University trials, as well as the data submitted by MODERNA to the Food and Drug Administration.
These experiments suggest that they may significantly reduce the spread of the virus.
Hence the government can not facilitate social exclusion, distinguishing between vaccinated and non-vaccinated groups and any other means of contraception.
For example, in early December, two nurses in the UK suffered from allergic reactions to the Pfizer vaccine, which led to the denial of the recommendation to give this shot to people with a history of allergic reactions.
On the face of it, the proposed law also does not stand the test of “proportionality,” since the law will not certainly bring about the achievement of the purpose for which it was created.
The law may cause a great deal of antagonism among vaccine opponents and those who cannot carry out the vaccine will not be able to get it anyway.
The government can also use another effective means that will less infringe on the fundamental constitutional rights of the individual.
This is done by giving a grant to the vaccine recipients, giving preferences without violating equality as a constitutional right.
This is the case with HCJ 7245/10 Adalah - a measure taken against those who oppose the vaccine by reducing the rate of child allowance.
Adv. Gil Harel
Even if the measure is suitable for achieving the goal and even if it is the most moderate, there is no proportionate relationship between the benefit that will accrue to the public, there is much doubt as to whether there is a benefit, and the extent of the violation of a constitutional human right. It should be taken into account that a black market can appear in fake cards and there will be incentives for people to find ways to cheat the system to get the shot earlier.
Unfortunately, we are on a slippery slope. The biggest fear is that the "green passport" will leak to vital institutions, workplaces and educational institutions, so that the dismissal of employees will be possible due to the non-vaccination. Judge Shamgar in the Supreme Court ruling in HCJ 826/89 The Histadrut of Workers in Israel v. The Regional Court "will not carry out its power, but the employer is free to take the steps available to it.
" We do not want to be in a democratic society that violates constitutional human rights, even when the goal seems right. Violation of this equality may reach vital areas of our lives, such as: work, education, supermarkets, it seems that countries world right not to adopt the law at this point. for now, the state should focus on the incentive for citizens to be vaccinated and will examine the impact before deciding limits to the public not becomes immune. hopefully for good health for all the people of Israel.
the writer is a law firm that deals with tort law and medical malpractice
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