The green pass, the green certification that proves having been vaccinated or cured of Covid-19 or having undergone a swab with negative results, cannot be imposed on everyone. “Certain categories should be exempted: those for which vaccination is not provided, such as children under 12 years of age”. And the tampon that unlike the certificate is paid “should be free for all German-style, or at least for those who cannot get vaccinated”. He talks about it with the Adnkronosformer president of the Constitutional Court Cesare Mirabelli that on the juridical front he specifies: “in the provision there is no violation of the Constitution, but for example on minors there is no reasonableness. The request does not seem adequate and proportionate with respect to the objective”.
First of all, there is a general principle of admissibility of the Green pass, introduced by the anti-Covid decree of 22 April 2021, then modified by the decree of 18 May, which raises the following question: “is it legitimate to ask for this certification or assessment of a health nature? The answer is no, if it is an absolute condition that limits freedom of movement. Yes, if it is a condition for participating in events, in which there is a risk of spreading contagion “, explains the former president of the Council, proceeding step by step. . Then there are the particular situations: “as for those who could not or did not want to get the vaccine and therefore have the burden of dabbing to show that they are not infectious. Here The right to benefit is not so absolute as to be borne by State anyway and everywhere, but in marginal situations it may be appropriate for the State to provide “.
But is the request for a tampon for unvaccinated children because they are not expected to vaccinate them, is it reasonable? “From an abstract point of view it seems not, the request is neither proportionate nor adequate with respect to the objective, since it seems that there is no risk of being infected – replies Mirabelli – For this reason, some categories should be exempted from the green pass. It would be advisable to diversify among those for which vaccination is or is not foreseen, such as children as they are not infectable or spreading the disease, it seems “. (By Roberta Lanzara)