The objection of unconstitutionality of the Greek Solution for the compulsory vaccination of those over 60 was rejected

The objection of unconstitutionality submitted by the Hellenic Solution in the amendment for the compulsory vaccination of those over 60 years of age was rejected.

The objection of unconstitutionality was raised by the parliamentary representative of the Hellenic Solution Vassilis Viliardos who said that the amendment is contrary to article 2 par. 1 of the Constitution which refers to the respect and protection of human dignity, which are a primary obligation of the State and the article 5 par. 1 of the Constitution on the right to free development of the personality and participation in the social, political and economic life of the country, as long as it does not infringe on the rights of others, does not violate the Constitution and good morals. It follows from the combination of these articles, said Mr. Billiardos, that everyone has the right to dispose of his body freely and not to allow operations on his body, without his will.

The Greek Solution MP also referred to the Council of Europe resolution calling on member states to ensure that citizens are informed that vaccination is not mandatory, and that no one will be pressured by political, social or other means to be vaccinated if he does not wish to be vaccinated. He also referred to the ECHR for respect for family and private life.

Andreas Nikolakopoulos, the parliamentary representative of ND, opposed the objection of unconstitutionality of the Greek Solution, noting that the Constitution states that a free personality develops if it does not infringe on the rights of others. Also that everyone has the right to protection of their personal health.

Mr. Nikolakopoulos also pointed out that according to the Constitution, the state takes care of the health of citizens and takes special measures for the health of citizens, for the protection of youth, old age, disability and the care of the poor. “Therefore, not only the free development of the personality is protected, but also the health of the citizens,” said Mr. Nikolakopoulos.

“Present” said in the objection, on behalf of SYRIZA, Andreas Xanthos who, yes, spoke about the “ineffectiveness” of the measure, but stressed that the problem is primarily this and not so much the issue of unconstitutionality. The SYRIZA MP, however, cited concerns about the obligation of vaccination to those over 60 and reiterated that the amendment is an intervention due to the impasse of the government’s vaccination strategy. “We believe that the crucial issue is inefficiency, in terms of public health, and not so much the constitutional issue. We do not defend the right of someone not to be vaccinated. Especially for the health sector, we consider it their moral and professional obligation to be “But at the same time we are defending the right of society as a whole, and those who are not vaccinated, to survive, to dignity, to universal health care. And that is being denied. said Andreas Xanthos.

In principle, the provision does not seem to be unconstitutional, at least as the objection of the Greek Solution is formulated, said the parliamentary representative of the Movement for Change, Michalis Katrinis, who said that the measure of obligation is legitimate and that courts are constitutional, national and European. , have considered the obligation for categories of workers constitutional. Mr. Katrinis stressed that the state has an obligation to protect public health, and this obligation enables it to restrict the freedoms of the individual. “In principle, this provision does not seem to be unconstitutional because it protects the interest of society as a whole, since vaccination is necessary for the protection of public health, it serves the duty of social solidarity, the right to health protection,” said Michalis Katrinis and added that personal freedom is restricted to ensure public health. “There could be a question of constitutionality for violating the principle of proportionality. In several points that have not been included in the objection of the Greek Solution, it could theoretically be considered that they are on the verge of constitutionality,” said the MP of the Movement for Change. the Movement for Change does not consider that the objection of the Greek Solution can be considered acceptable.

“We treat compulsion as a political choice that is part of the dead-end logic of individual responsibility which leads to tragic results. We denounce this political choice with our negative vote,” said KKE parliamentary representative Nikos Karathanassopoulos, who told the National that his party will abstain from voting on the objection of unconstitutionality of the Greek Solution.

The parliamentary representative of MERA25, Kleon Grigoriadis, characterized the obligation for those over 60 as unconstitutional, but nevertheless, as he said, he will vote “present” because he does not have sufficient documentation.

With a legislative improvement in the amendment, the Minister of Health is given the opportunity to extend the measure of obligation beyond the time frame set by the provision to apply to those who turn 60, after next January.

The Minister of Health Thanos Plevris, referring to the objection of unconstitutionality, said that the CoE, before the coronavirus, had resolved the issue between the balance of individual choice and public health, telling parents who did not want to vaccinate their children, that the position was correct. kindergartens that did not accept unvaccinated children for reasons of public health. Mr. Plevris also referred to the European Court of Human Rights, and other courts in other countries, which favor the protection of public health.

The minister referred to the scientific data that show that groups over 60 years old are basically at risk today, given that 7 out of 10 in the ICU are over 60 years old, 9 out of 10 deaths are over 60 years old and pointed out that A lot of pressure on the NSS comes from this group of people.

Commenting on SYRIZA’s stance, the minister said that it is a stance that turns a blind eye to vaccinators. “You can disagree politically and say that it is not a right measure. If it is unconstitutional, however, the official opposition must have a clear position”, said Thanos Plevris and stressed that the fine is an administrative measure, not a tax measure to be observed. the principle of proportionality, and the fine will go to the NSS charged by this category of persons.

“Our official opposition has proposed compulsory service to the Army and the Police. To propose it, you obviously consider it constitutionally tolerable. the Army and the Police “, the Minister of Health remarked and stressed that today Mr. Xanthos did not have the courage to stand up and say that SYRIZA disagrees politically with the amendment but there is no question of constitutionality. “Gentlemen of SYRIZA, you have been in government for 4.5 years. It is not allowed for a party that has ruled, not to be able to take a stand and say whether or not the provision is constitutional. It is possible, if this issue goes to court tomorrow, he who will judge, not to know what was the position of the official opposition? in this topic.

Source: AMPE