After TSJA endorsement Andalucia extends the Covid passport until January 31
Following the endorsement of the Contentious-Administrative Chamber of the Superior Court of Justice of Andalucia (TSJA), on Thursday, January 13, the use of Covid passports in Andalucia has been extended until January 31.
This means that people who wish to access both hospitality establishments, and nightlife establishments, as well as visits to hospitals and residences for the elderly, must present the Covid certificate, a recovery certificate from at least 11 days ago, a negative PCR within 72 hours, or a negative antigen test within 48 hours, with both the latter carried out by an authorised centre.
A press release from the TJSA said, “The sanitary measures have been ratified by means of separate orders issued by the Contentious Chamber, and respond to the requests made by the Junta de Andalucia to face the situation of considerable increase in the coronavirus pandemic as a result of the new Omicron variant”.
In its double request for the temporary extension, the Board argued that, “at present, although vaccination coverage is high, we are in a situation of a very significant increase in cases of the sixth wave of the disease”.
Continuing, “That began with an increase of cases in a slow and sustained way in week 41 (October 11-17, 2021) and that has accelerated exponentially in the last three weeks. The result of this situation is that at the health district level, all are at a very high-risk level, and there is an increase in the number of diagnosed cases”.
The Chamber explained that, “At the current moment, in which the extension of the measure is requested, which we then authorise with effect until January 15, considering it necessary, suitable and proportionate, the epidemiological situation described in the report that accompanies the request justifies the extension of the measure, given the exponential increase in incidence, and the transmission and contagion capacity that the dominant Omicron variant has revealed”.
Regarding the need to present the vaccination certificate or the diagnostic test to access the entertainment venues, the Chamber believed that the extension, “Is adequate to prevent the transmission of the disease; necessary because it is less aggressive than others and does not significantly affect to the possibility of access to said establishments nor, of course, to the activity they carry out; and proportionate, because it serves to preserve health, and reduce the vital risks that the pandemic entails, while having a slight impact on the rights to equality and privacy”.
However, the Chamber admitted the “Injury to fundamental rights” that occurs as a result of these measures. But, it insisted that this violation is “rare” since it is intended to protect another “preeminent” fundamental right, which is none other than the right to life. In addition, the order adds, with the approved measure “an attempt is made to avoid, precisely, a scenario of new, more severe restrictions on fundamental rights, as happened months ago”.
The Chamber highlighted that the measure only affects people over 12 years of age, “visitors and companions of hospitalised patients”. However, they will not be required for the workers of the centres themselves, or for individuals who want to access as patients, or the companions of patients who attend hospital consultations, or emergency services, as reported by laopiniondemalaga.es.