The Constitutional Law endorses the Galician Health Law except for compulsory vaccination




Five months after its approval by the Galician Parliament, the Health Law promoted by the Xunta to better manage the pandemic will finally come into force. One of its articles, which among other issues refers to the possibility of establishing compulsory vaccination, had been appealed to the Constitutional Court by the central government, which decided to stop it while it analyzed the text. The TC has now decided to lift the suspension of this section, except in the specific question of vaccination. The controversial article also regulated the establishment of mandatory quarantines, group limits and home confinements or specific areas. The Xunta will now have a legal framework to order them.

The Constitutional order, to which Europa Press has had access, resolves to suspend precept number five of the appealed section, that is, “submission to prophylactic measures to prevent the disease, including vaccination or immunization, with information, in any case, of the possible risks related to the adoption or non-adoption of these measures ”. While maintaining this precept, it raises the other six points that were included in this same section. Specifically, the Galician Government may adopt measures to control the immediate environment of sick people or people who have been in contact with them, as well as affected areas.

The Xunta may also adopt control measures for sick people, such as home isolation (quarantines), internment in hospital centers or isolation or internment in another suitable place for this purpose. In addition, the regulations enable to subject sick people to adequate treatment and diagnostic tests and health monitoring.

Among the measures to control people and the environment, the Galician health law states that mobility, exit and entry of certain areas can be restricted, group restrictions, “including private meetings of non-partners”, and screening measures for sectors of the population.

“Restrictions on movements and groups of people can never be absolute, and must express clearly and precisely the movements and groups that are restricted, acting with preference over movements and groups for purely recreational and leisure reasons,” says the legal text that the Galician Government now has the capacity to apply.

The Xunta is “satisfied” with the content of the car and recalls that it only maintains the suspension in reference to vaccination, a point on which the Galician administration “always wanted to reach an agreed solution” with the central government. In fact, a bilateral commission was created for this purpose and proposed an agreement to the Sánchez Executive “which they never accepted, not even when an alternative proposal was sent to them were they taken into account,” the First Vice Presidency reported in a statement. Its owner, Alfonso Rueda, has expressed his “satisfaction” with the order that “comes at an appropriate time to apply the measures needed to fight the pandemic” and has observed that “unfortunately” the central government “continues to deny a solution consensual ».

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