Police municipalities, which belong to the Ministry of Government, will play a fundamental role in the control of inoculation certificates.
The decision of the Government of declare mandatory the vaccination Against COVID-19 generated opinions in favor and against, while the police will be key actors for the inoculation document.
The argument outlined by the Ministry of Public Health (MSP) is the Organic Health Law as well as the Constitution.
According to him numeral 4 of article 6 of the regulations, one of the responsibilities of the MSP is to declare the mandatory immunizations against certain diseases, under the terms and conditions that the national and local epidemiological reality requires; define the standards and the basic national immunization scheme; and provide the population with the necessary elements to fulfill it at no cost.
“The mandatory nature of vaccination against COVID-19 is declared in the national territory, due to the current epidemiological status, the risk of new variants, availability and access to vaccines, as well as current scientific evidence ”, establishes the mandatory guideline for the vaccine against SARS-CoV-2.
The MSP also based its decision in the ConstitutionIt is argued that it is a State right to guarantee comprehensive health care or to put the general interest before the individual.
People with a certified medical condition or contraindication are not required to be vaccinated against COVID-19 in Ecuador.
Ecuador is the first in the region to make vaccination against COVID-19 mandatory; Germany, Austria and Greece plan to do so in 2022
For André Benavides, attorney constitutionalist, the legal basis used by the Ministry of Public Health is the Organic Health Law of 2006, which does not necessarily fit to the new constitutional framework since 2008.
He also cited article 66, paragraph 5 of the Constitution, which establishes the right to free development of the personality, which would allow, in this case, citizens to have that freedom to choose the decisions that are best suited to your life need.
“A person could not be forced to be vaccinated and, therefore, the decision made by the Ministry of Health is unconstitutional (…) It is nothing more than an isolated measure that, eventually, does not even have any type of legal effect, ”Benavides said.
At the discretion of Ismael quintana, attorney constitutionalist, the decision it’s constitutional since it has been argued that the exercise of fundamental freedoms is not absolute and admits certain restrictions or limitations, not only by constitutional norm, but also by various international human rights instruments. Additionally, for cases of the Inter-American Court of Human Rights.
Some of the circumstances you added, for example, are reasons of common good or public order and also in cases in which the exercise is a fundamental, individual freedom that could impair or jeopardize the exercise of the rights of third parties.
“If this issue (the hospital situation) collapses again as before the vaccination process because there are people who do not want to be vaccinated, there is a common reason, that forces the state to take this restrictive measure (…). I think there are sufficient grounds for that ”, he commented.
The mandatory guidelines document indicates that the competent authorities will monitor compliance of the resolution of the national Emergency Operations Committee (COE) of December 21, on requiring in a manner mandatory presentation of the certificate or vaccination card, the application of that guideline, and they will carry out the respective control of non-essential activities, leaving exempt those dedicated to health, education, work and public services.
People with a certified medical condition or contraindication are not required to be vaccinated against COVID-19 in Ecuador
Juan Zapata, president of the national COEHe mentioned that there will be complaints, but what is wanted is to encourage inoculation through the vaccination certificate for non-essential aspects.
A document was being prepared for him control of those certificates in various places, such as discos, bars, karaoke, etc.
Zapata mentioned that there will be control and sanction by the police departments.
“The control is not to the people, it is to the premises. What do you mean? If you entered a place without the certificate (of inoculation) and there is a visit from the city hall and it detects that, sanctions the local, not the person, because it has to comply with security and sanitary measures, “said Zapata.
He added that it will be the same procedure that is used in airports when a person arrives without a negative PCR test: he cannot be deported, because there is free mobility; the person is not penalized, but yes to the airline, since it has the obligation to fulfill the requirements of the Ecuadorian State, he said. (I)
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