PESARO – Ethical objections that have a scientific basis and produce a legal opposition. There are numerous health workers – doctors, nurses, pharmacists, therapists – who have not undergone anti vaccination Covid-19 and they intend to resist the obligation to do so. According to the legal protection mandates received from a couple of lawyers, Isabella Giampaoli of Pesaro and Giulio Maione of Fano.
These are de facto no vax health workers, in the sense that the group is wider than those who contest this public health intervention for mass prophylaxis tout court. There are also pro vaxes who criticize the scientific basis of the obligation, noting that the healthcare staff with the adoption of the prescribed precautions does not constitute a risk factor for patients nor, on the other hand, is it proven that vaccination causes them to fail. the possibility of passing on the virus. For all, the opinion of Emanuele Caproli, surgeon at the Urbino hospital is valid, who via certified e-mail expressed his dissent to Prime Minister Mario Draghi because “nothing can be imposed that is not proven, proven and documented”. The lawyer Giampaoli, representing about sixty operators, adds: “What is experimental cannot be made mandatory, as vaccines are according to what the leaflets themselves say.” The resolution of the Council of Europe 2361 of 2021 gives strength to the protest, which recommends states that the vaccine is not mandatory without discrimination or disadvantages for those who decide not to get vaccinated. However, the measure decided by Draghi ticks the opposition’s weapons, sharpened on the unconstitutionality of the obligation, according to article 32 of the Constitution, for which “no one can be obliged to a specific medical treatment except by law” . This is the rule introduced by the Government with the Law Decree 44/2021 converted within 60 days by the Parliament into Law 76/2021 of May 28th. An obligation that has a time limit, as do the consequences, because it is valid until the complete implementation of the vaccination plan and in any case no later than 31 December 2021. Those who refuse lose the right to perform tasks that involve interpersonal contacts and can be demoted by the employer or suspended from service with reduction or loss of salary. A legally sensitive point, given the prevalence of the European privacy code, is the exchange of personal data between the Region, Asur and employers, the subject of a ruling by the privacy guarantor who complained about the failure to agree on the law to balance interests constitutionally guaranteed. The law also provides for the postponement or omission of vaccination due to an ascertained danger to health and the case of Paternò, a 43-year-old soldier who died after the vaccine due to an excess of antibodies, has strengthened this request by those who have already contracted the virus. Still, however, in the Marches the final invitation to the evaders to undergo vaccination has not been reached.
Last updated: 08:03
© REPRODUCTION RESERVED