Covid 'passport' for access to hospitality, care homes and hospitals in Andalucía extended until 15 February

The health measure was ratified this Friday, 28 January, by the TSJA following the request made by the Andalusian government to deal with the large number of infections that the Omicron variant continues to cause and to "consolidate the downward trend" that “is starting to be registered as a result of the measure already applied.”

In this second request for a temporary extension of the measure aimed at entertainment venues, the Junta said, "The epidemiological situation at the current date is of a higher level of risk than that existing at the time the order was issued," so "It would be even more justified insofar as the probability that people who go to restaurants and nightlife establishments are transmitters of the virus is even greater, given the high incidence.”

The court agreed, according to the data presented by the regional government, on the "necessity and suitability of the measure", since it is aimed at "consolidating the downward trend" especially in an environment, that of nightlife, where there is "greater probability” of virus transmission. Likewise, it underlined its suitability in that “it is intended to limit” the access of people who potentially have a higher risk of transmitting the disease.

The TSJA also maintained that the mandatory presentation of the Covid certificate must apply to the entire Andalusian region since the incidence rate "is remarkably high" and because a hypothetical application of the measure in some municipalities and not in others could cause "a pull effect" towards those municipalities with lower incidence rates and the consequent risk of increased contagion in them.

Regarding access to hospitals and care homes, the court pointed out that the measure only affects "visitors and companions of hospitalised patients", over 12 years of age, who must present a vaccination certificate, a negative diagnostic test or have recovered in the last six months from a Covid-19 infection. However, they will not be required for the workers of the centres or for individuals who are patients, or the companions of patients, who go to hospital consultations or emergency services.

The health report presented by the Junta pointed out that these places are considered "high risk due to the presence of people with greater vulnerability" and recalls that "in the week from 13 to 19 some 89 outbreaks have been declared in social-health centres, including the 51 outbreaks declared in care homes and seven outbreaks in hospitals."

Although the magistrates admit that these measures affect some fundamental rights, they insist that the violation is "small" since it is intended to protect another fundamental right such as life.