In December, organizers of private concerts in Switzerland, who were unemployed, asked if they were allowed to accept only spectators vaccinated against Covid-19, in the hope of being able to resume their activities quickly. A sufficiently sensitive question for Karin Keller-Sutter, Minister of Justice and Police, to seek legal advice from experts. The answer came shortly before Christmas: your baker, your butcher or your hairdresser can easily ask you for your vaccination record before you walk through their door.
Indeed, private individuals have the right to treat vaccinated people differently from those who are not, explains the Daily indicator from Zurich in an article entitled “No entry to the bar without vaccination”. Ingrid Ryser, spokesperson for the Federal Office (Ministry) of Justice and Police, explains in the German-speaking daily that “in the relationship between two private persons, the principle of private autonomy applies. This applies as much for a visit to a hairdresser or a restaurant as for a participation in a major event ”. The spokesperson adds: “As long as nothing else is regulated, everyone has the freedom to decide with whom to sign a contract. This is provided that the principles of data protection are respected. The information contained in a vaccination record is sensitive personal data.
Discriminations
How not to imagine that hotels, driving schools, or airlines do not also make a distinction between vaccinated and unvaccinated? And that even the public services decide to adopt the same strategy? Still in the Daily indicator, Eva Maria Belser, professor of constitutional and administrative law at the University of Friborg, denounces this potential apartheid. For her, there is an urgent need for “a legal framework, as narrow as possible, which specifies what is and what is not”, if one does not wish to live in a world “where there is no You will have to take out your vaccination record in front of each bakery and restaurant ”. Especially since there is no obligation of vaccination on the part of the State.
On the other hand, the liberal-radical deputy Philippe Nantermod, questioned by The Geneva Tribune, believes that “everyone is free to be vaccinated and everyone is free not to want to work with people who are not vaccinated. Those who do not want to be can very well open their cinemas or organize their events ”. This is to forget a bit quickly that a certain number of people simply cannot be vaccinated, such as pregnant women or people suffering from certain pathologies. By what right would they be discriminated against?
However, the question does not really arise in Switzerland yet. Because it is above all not time for deconfinement, the cases of contamination are not decreasing, and the reproduction rate is on the rise again. Alain Berset, the Minister of Health, has just announced that bars, restaurants, cultural establishments, sports facilities, which were to reopen on January 22, will remain closed at least until the end of February.
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