TSJC endorses Covid certificates for the Canary Islands

Promoted by the Regional Executive, this measure aims to stop the spread of coronavirus in the Canary archipelago. It implies that the certificate can be requested from anybody who wishes to enter hospitality or nightlife venues.

According to the Chamber, the capacity, number of people per group, and closing times in force at all times for each activity and space, will be applied at the level of alert immediately lower than that existing on each island.

This will apply to all centres, facilities, activities, and public buildings, whose managers voluntarily choose to request their workers and users over 12 years and 3 months of age to prove – also voluntarily – the absence of their active infection by the virus.

The order considers that the existing regulations, and, specifically, Article 3 of Organic Law 3/1986, of April 14, on Special Measures in Public Health Matters, “grants sufficient coverage to the adoption of measures that imply the restriction or limitation of fundamental rights when fundamental elements of the same are not affected”.

The magistrates also emphasized that the requested measure, “allows economic and social activity to be maintained, making it compatible with the creation of safer health spaces. This, in turn, makes the transmission of the virus less likely, observing in this sense a greater benefit for the general interest in a moment of increase – of 34 per cent – in the transmission of the infection”.

The court ruling warns that, “even when the current situation cannot be classified as serious, the existence of an upward trend in the evolution of the disease justifies the need to adopt preventive measures that prevent reaching past situations”.

The requested measure will not be applied in a uniform way throughout the Canary Islands, since its application is directly related to the level of alert in which each island is placed. For each one of them, an individual and detailed assessment will be applied.

Therefore, the magistrates conclude that these initiatives are proportionate and reasonable, “resulting in the benefit obtained for the general interest being greater than the damage that is caused to the assets or values ​​in conflict”, as reported by laopiniondemalaga.es.

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