Sunday 4 June 2023

Health officials against Covid-19 vaccination lose Constitutional Court appeal

Appeal for protection indicates that the group of workers opposes "due to beliefs or considering it unnecessary"

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QCOSTARICA.COM – Health officials who oppose being vaccinated against Covid-19 lost their claim before the Constitutional Court, flatly rejecting the workers’ complaint.

Since the beginning of the vaccination program that began on December 24, 2020, multiple appeals related to the vaccination program and priority groups have been received; incluing the claims of Health personnel who do not want to be vaccinated for various reasons are added.

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For example, in one appeal, “there is a group of workers in health sciences who oppose being subjected to vaccination because they do not feel safe with the application of this treatment, others for their beliefs, for the search for another type of medicine, or, for considering its application unnecessary”.

In the appeal, the claim is the contradiction of the  Ministry of Health because initially it was indicated that receiving the vaccine would be the decision of each person and now it was established as an obligation “threatening sanctions in case of not being vaccinated.”

According to the records of the Caja Costarricense de Seguro Social (CCSS) for the end of the last January, 309 officials had rejected the vaccine, a figure that by mid-February had reached 374.

“The current panorama is different since the vaccine was made mandatory and they also have lists of those who have refused in order to force them under threat of work,” is manifested in the appeal asking to eliminate that vaccination is mandatory for Health personnel.

The magistrates of the Constitutional Court of Sala IV, as the court is commonly referred to, indicated in their response that the issue is “outside the scope of jurisdiction” since it is not their responsibility to determine aspects related to vaccination schemes “because it responds to medical and technical criteria related to vulnerability to the virus.”

In addition, it is indicated that after the analysis carried out it was determined that the decisions made by the Health authorities do not generate an injury or threat to a specific person.


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On Monday, February 22, the National Vaccination and Epidemiology Commission approved establishing as mandatory the application of the vaccine against Covid-19 for officials of the Ministry of Health, the CCSS, and those who work in the network of services of direct attention in the first line of the Instituto Nacional de Seguros (INS).

It was indicated that the decision is made because these workers have an occupational risk of contagion of SARS-CoV-2, they put the people they serve at risk and are necessary to maintain health services. In addition, with the vaccination of health officials “hospitals and health institutions are prevented from being a source of contagion for society.”

The decree that established the mandatory nature of the vaccine for Health personnel came into effect on Thursday, March 11, after its publication in La Gaceta.

“It will be the responsibility of the employer to take the corresponding measures in accordance with the country’s legislation and institutional regulations, in the case of people who do not want to be vaccinated against covid-19,” the text from the Court indicated.

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