CORDOBA.– The Argentina joined the discussion that worries the world about the mandatory vaccination against Covid-19. In fact, today it became known that the official deputies presented a project aimed at inclusion of immunization in the national calendar. According to the specialists consulted by LA NACIÓN, There is one key aspect to keep in mind: in that scheme there can be no experimental developments. However, at the same time, there jurisprudence of the Supreme Court of Justice that would allow progress.
The official proposal proposes incorporating the inoculation against the new coronavirus into the calendar for over 18 years of age and, with respect to minors, points out that it will be mandatory for boys and girls between 3 and 17 that they present “comorbidities and/or risk diseases duly certified by medical personnel”.
the constitutionalist Lorenzo Barone points to THE NATION that You have to be “very careful” with the term “compulsory” Since the vaccines against Covid-19 “do not meet the technical specifications”, that are required to integrate the calendar in force. “It is not because they have defects or are bad, it is because they are in the experimental phase,” he clarifies.
In fact, the Law No. 27,573, published on November 6, 2020 and which points directly to immunization against the coronavirus, which empowered the National Executive Power to buy vaccines, clarified that all the actors involved in the circuit of “research, development, manufacture, provision and supply of vaccines” to pay compensation for adverse effects of the application of drugs. At the time, it was questioned that it was a way of turning those who applied them into “guinea pigs”. That The same rule established that vaccinations were not mandatory. Barone insists that the power to enact public health regulatory laws belongs to both the national and provincial governments, but It must be a rule and not a ministerial resolution or a decree, such as those that give rise to health passes.
In the same line reasons his colleague Antonio Maria Hernandez: “We are facing a formidable advance in science, it is one of the few achievements of the pandemic, but [las vacunas] They have not had enough time to test and use. More scientific backing is needed”. Argues that there must be a informed consent for the app. “That the debate reaches Argentina, where the management of the pandemic has been terrible and the results are bad, shows that they should not be mandatory. In any case, the decision must be by an Act of Congress”, he indicates, while clarifying that he is a “supporter” of vaccination and is immunized.
For Andres Gil Dominguez, the jurisprudence of the Supreme Court of Justice is “consolidated” and considers that compulsory vaccination complies “with the constitutional parameters and with the objective of prevent the spread of certain diseases and prevention”. He also cites the Inter-American Court of Human Rights which establishes that the measures must be “reasonable and proportional” to the end they pursue. In the opinion of the constitutionalist, the health passport achieves a “greater balance” than the compulsory vaccinations, “balances more individual freedoms and health protection. In an action of a State that is more educational than coercive, ”says Gil Domínguez, but confirms that the pass must be established by law.
“The limitations to individual liberties by law must follow the principle of legality and rationality,” the constitutionalist affirms to this newspaper. Daniel Sabsay–. Personal freedom is not absolute and the goal pursued is the protection of public health. Along these lines, let’s leave aside whether it is a test or not and Let’s focus on the result generated by the vaccines”. In this sense, he underlines that there is a coincidence between the “most important experts in the world” who “prevented hundreds of millions of deaths and, in addition, prevent the clogging of public health. They comply with the principle of reasonableness and proportionality.”
The infectologist and professor at the National University of Córdoba, Hugo Pizza, agrees that by “experience, evidence and statistics” There are already vaccines against Covid-19 that have scientific backing. He comments that, when the purchase of the doses began, analyzed the possibility of compulsory, but it was reversed because in a few days there was 116 court filings. And adds: “In At some point they will be mandatory, surely in the short term. It should be integrated into the national calendar.”
The bill submitted to Congress is accompanied by a text from the board of directors of the Faculty of Medicine of the University of Buenos Aires and of the Faculty of Exact Sciences of the National University of La Plata, which recommend the incorporation of vaccination against the coronavirus for the entire adult population.
Austria was the first country in Europe to announce compulsory vaccination for everyone over 18 years of age, which will begin to apply from February 1, with the threat of a maximum fine of 3,600 euros per year. There will be an initial phase of transition and information, the Austrian police will start on March 16 to carry out random checks on the inoculation status of people.
Italy introduced the obligation for those over 50 since last January 7; in Greece those over 60 will be forced to pay a fine for not getting vaccinated or having an appointment to do so. In the case of Germany, Last month, a law was approved that imposes the mandatory vaccine in sensitive labor sectors, such as geriatrics or health.