Drama in Spain: the Basque Court revolts and suspends the Health Pass for violation of rights
CHIEKH DIENG for Le Courrier du Soir
The Superior Court of Justice of the Basque Country (TSJPB) suspended, on 22 November, the use of the Health Pass imposed by the autonomous government. The court refers to a threat to the freedom of citizens.
If there are any courts in the Western world that have shown the courage to stand up to their state during this Coronavirus pandemic, it is the Spanish regional courts, which have consistently rejected en masse health measures dictated by the autonomous governments with the blessing of the central government in Madrid.
In fact, the Constitutional Court recently invalidated the state of health emergency declared in this country in March 2020 and demanded that the central state based in Madrid reimburse all fines collected during this period. And the courts’ revolt is far from over, because on 22 November, it was in the Basque Country that the Health Pass was attacked.
“The courts denounce an attack on the fundamental freedoms of citizens”
This is the information that Lecourrier-du-soir.com obtained on Monday from several reliable sources such as the media ElPeriodico.com. According to this source, the Superior Court of Justice of the Basque Country (TSJPB) has suspended the decision of the Basque regional government, which required a Health Pass to have access to nightclubs and restaurants with more than 50 seats.
The information was confirmed by the media outlet, El Pais. According to this source, who said he had consulted the court’s decision, the Basque justice system refused to approve such a measure, arguing that it would violate the fundamental rights of a section of the population vaccinated with two doses.
“The Basque government capitulates after being rejected by the courts”
According to the court, imposing the Health Pass in a discriminatory way cannot be justified, especially as the authorities themselves defend the idea that the effects of contagion in vaccinated people are not very great. According to the court, this measure is inconsistent, since the autonomous government does not impose the Health Pass on employees in leisure and catering establishments.
The carrots seem to be cooked for the autonomous government of the Spanish Basque Country, which, according to information provided by the media Diario Vasco, has decided not to appeal. “The Basque Government will not be taking this case to court and will not appeal against this decision of the Court”, the Basque Government said in a statement.
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