Supreme Court of Andalusia dismisses health pass requirement

The court considered that the measure ignored fundamental rights and it could increase infections since vaccinated people were also transmitters. It also pointed out that the current incidence did not justify this requirement.

The judges directly contradicted the measure approved last Monday by the “Committee of Experts” that advises the administration of Andalucía on the pandemic, even as they announced the entry into force of this requirement for Thursday, August 5. However, a few hours later it backed down, postponed this demand and decided to request the endorsement of the Superior Court of Justice of Andalusia (TSJA) which was then denied.

The purpose of the health pass was to limit access to nightlife establishments (discos and bars) to those people who arev in possession of the Covid certificate or a PCR or negative antigen test from the last 72 hours.

The EU digital Covid certificate, in force since July 1 throughout Spain, includes the vaccination schedule, the recovery certificate or a negative Covid-19 diagnostic test for active infection.

In the opinion of the Andalusian high court, the measure “was not suitable or proportionate to achieve the intended purpose, that is, the protection of life, health and physical integrity, to the extent that, far from avoiding contagion in the interior of the entertainment venues can make them possible, which is why it cannot be ratified by this Chamber”.

Added to this is the fact that “a period of effectiveness of the measure was not established,” with which “the measure is imposed indefinitely and with a vocation of permanence, without knowing what criteria will be followed to render it ineffective or modify it”.

Clearly, the court has understood that if the vaccinated or recovered could be potential transmitters, “it is not possible to understand how the possible contagion of those who have accessed the premises are covered by the presentation of proof”.

The higher courts of the Canary Islands and Cantabría have dismissed similar forced health pass measures.