Restaurant interior

The Covid passport for bars and restaurants is due to come into effect this Saturday.

02-12-2021Europa Press

As had been expected, the Balearic High Court gave its endorsement on Thursday to the need to present the Covid certificate inside bars and restaurants with seating capacity of 50 or more and in all nightlife.

The court was of the view that this measure is appropriate for limiting the spread of the virus, is necessary due to the increase in infections and is proportionate to the slight limitation of individual freedom for the benefit of collective health. It may entail the restriction or limitation of freedoms, but not the suspension.

Drawing on the judgment of the Supreme Court in respect of the use of the certificate in Galicia, the court argued that limitation of rights through the requirement of this document is "tenuous" compared to the "powerful presence" of other fundamental rights, such as the right to life, physical integrity and health protection.

The document has a "triple modality" - complete vaccination, negative test or having had Covid. It is therefore "accessible to all". Whoever does not want to show whether or not they have been vaccinated can present alternative documentation.

The display of some data regarding an individual's health, of which establishments do not keep any record, would be a "very tenuous invasion" of the right to personal privacy, which is compensated by access to the stipulated establishments.

In reference to the rights of those who do not have one of the required documents, the court considers that "these are the rights of those who have chosen to prioritise their personal freedom over the collective well-being".

The court defended the proportionality of the measure, arguing that the right not to submit to any of the measures whose documentary proof is required (vaccination or diagnostic tests) is respected. The court believed that this is about access to closed spaces for a non-essential activity, and that it is objectively and reasonably justified for the protection of people's health and lives, as this is a measure that restricts the spread of a pandemic.

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Norma / Hace about 1 month

Omicron is an acronym for MORONIC. How much more of this nonsense are they going to stuff down out throats. Is the government working for big pharma or for the people? The hospitals are full of the double vaxxed.

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James / Hace about 1 month

I'm not sure the government have thought this one through. They can say its for health reasons but we all know that nonsense. It's about coercion to vaccinate the unvaccinated before Christmas festivities. But even if you went and got your 1st dose tomorrow morning you still wouldn't be classed as fully vaccinated until we'll into January. So the incentive to vaccinate to make your life easy for Christmas just isn't there. You have to bare in mind this 20% unvaccinated clear dont want it, so would only be doing to make life easier. Bars and restaurants will suffer for this over Christmas. The Ultima Hora did a poll afew days ago 72% of people we're against the covid pass. We will see what happens but I think the government are playing a game of Chicken with the unvaccinated not caring about the consequences of the economy and people's livelihoods. I think they've picked the wrong fight. The science suggest no real uptick in hospitalisation or problems in ICU. So it seems very unnecessary. But that's a Socialist government for you. We will see in the next few weeks who's going to win this game of chicken. I know we're I'll put my money

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Rich / Hace about 1 month

'For the good of the hive'. Can the unvaccinated serve the vaccinated serve the vaccinated in a bar, restaurant etc. Or do they have to close their business? If not then this is coercion of the highest level, get vaccinated or starve. What will happen when vaccine dodging omicron takes over, I dread to imagine (even if it is benign as regards death and serious illness). The lunatics have taken over the asylum. Lockdown for athletes foot next.

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