Aragon implements the mandatory covid passport in nightlife, large events and celebrations starting tomorrow

The Department of Health publishes this Wednesday an order adopting specific measures to control the covid-19 pandemic and specifically establishes the obligation to present, as of this Thursday, the COVID certificate in nightlife establishments (party rooms, dance halls); celebrations of all kinds that may take place in hotel and restaurant establishments and mass events. The Government of Aragon has adopted this decision because “the covid is still among us and every day there are higher data,” said the Minister of the Presidency, Mayte Pérez, at the press conference after the Governing Council. Although “thanks to the effect of vaccination, the effects are not being as known in the past, one in four young people is missing to vaccinate,” he pointed out. The imposition of the covid passport would seek, as the president of Aragon, Javier Lambán, also recalled, to encourage those who have not yet done so to be vaccinated.

The use of the covid passport in Aragon

The decision of Health and Legal Services of the Government of Aragon to publish this order It occurs after the order of the Superior Court of Justice of Aragon, which had been requested prior authorization for the implementation of this measure. The court asserts in its own resolution that its position does not imply “a blockage” to the health Administration. In fact, the TSJA encourages the Government of Aragon to “adopt the measures it deems appropriate to fulfill its constitutional function (…) to fight against the health crisis “. The order of the Government of Aragon will be made public at 1:00 pm. From then on it will be subject to judicial control.” Our court has not ruled either in favor or against. He has neither authorized nor disallowed, “said the Minister of the Presidency. In fact, according to the ruling issued, what is being questioned is the procedure for requesting a kind of” co-governance “of the judges, when applying measures that allow to contain the increase in infections. If the TSJA had ruled against it, a judicial appeal could be filed. By not doing one thing or the other, the Government of Aragon exercises its own powers.

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In this way, The order is part of the provisions of Organic Law 3/1986, of April 14, on Special Measures on Public Health, which empowers the competent health authorities to adopt those deemed necessary in the event of a communicable risk. And also in what is indicated by article 38 of Law 6/2002, of April 15, on Health of Aragon, which contemplates the possibility of agreeing preventive limitations regarding those public and private activities that, directly or indirectly, may have negative health consequences or pose an imminent and extraordinary health risk.

Thus, as of this Thursday, people over 12 years old who access nightlife establishments (party rooms, dance halls and the like), wedding celebrations, communions, baptisms, confirmations and social, family, religious or civil celebrations that can take place in hotel and catering establishments, events of any nature that bring together more than 500 attendees indoors or 1,000 attendees in open spaces.

They must present one of these documents: the certificate of having received the complete COVID-19 vaccination schedule, having elapsed, at least, 14 days since the last dose of it; the certificate of having recovered from the diagnosed SARS-CoV-2 infection and being in the period between the 11th and the 180th, inclusive, after a positive diagnostic test and the document certifying the negative infection diagnostic test performed by professionals sanitary facilities in authorized centers or establishments (in the last 72 hours in the case of PCR or 48 hours in the case of rapid antigen testing).

The display of the required information may only be requested at the time of access to the establishment or venue.. These data will not be kept nor will files be created with them.

In addition, in the case of mass events that exceed the number of attendees mentioned above, the event organizers must develop an action plan that contains the prevention and control measures of COVID-19, and its celebration will be subject to timely authorization by the competent provincial service of the department responsible for health.

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According to the order itself, lThe presentation of the COVID passport is an “adequate and in accordance with the demands derived from health protection” because it refers to places or activities where entry or participation is voluntary and where essential activities are not carried out, to which the obligation to attend. “Activities in which – the normative text adds – the risk of contagion increases.”

In addition, it is considered that the display of the covid certificate does not violate the right to equality since there is no discrimination between those who are vaccinated and those who are not, given that to access these places or events the result of the negative active infection diagnostic test, the antigen test or the COVID-19 recovery certificate can also be presented if the infection has passed.