This January 17 it was learned that the Constitutional Court rejected 14 lawsuits against the Decree 1408 of 2021, which requires the presentation of the vaccination card against covid-19 in public and leisure places.
It was Judge Gloria Ortiz who decided on the appeals, arguing that the high court does not have the competence to study each case in particular. In that sense, he indicated that the demands must be presented in the Council of State, judicial body that is competent to study administrative decisions of the Colombian Government.
The Constitution provided for the possibility for citizens to formulate, before the Council of State, the means of nullity control for unconstitutionality of government decrees, for direct violation of the Constitution.
According to the lawsuits filed with the Constitutional Court, the decree violated fundamental rights such as health and life, since “to date there are no indicators of effectiveness of the vaccine” and that the decision not to be vaccinated is individual and based on “Possible adverse effects that it can generate”.
Likewise, the lawsuits argue that the right to equality and to the free development of the personality of each person.
The Colombian State acts in a discriminatory manner, with the sole desire to be able to achieve goals to achieve herd immunity, which does not apply to covid-19
The plaintiffs insist that the decree that requires the presentation of the vaccination card violates the rights to free movement by the territory, education, work, freedom of association, the ethnic and cultural diversity of Colombia.
According to RCN Radio, in the Council of State there are also 150 lawsuits or appeals for annulment against the decree that establishes the vaccination card as a requirement for entry to “face-to-face events of a public or private nature that involve mass attendance and, bars, gastrobars, restaurants, cinemas, nightclubs, dance venues, concerts, casinos, bingo halls and leisure activities, as well as sports venues, amusement and theme parks, museums , and fairs.
Since last Tuesday, December 14, Colombians must present the vaccination card with a complete schedule to be able to access public establishments. That is, people must have two doses against the coronavirus or only one in the case of Janssen.
In addition, the measure will be required for foreign residents in Colombia and diplomats with their families, foreigners and tourists; as stated by the President of the Republic.
“On the recommendation of the advisory committee of the Ministry of Health, since December 14 all international travelers aged 18 and over who enter Colombia must present a covid-19 vaccination card or certificate with a complete schedule. We protect visitors and preserve 73% of vaccination”, President Iván Duque announced at the time.
The development of the pandemic in Colombia has hit different sectors, the quarantines of the previous year and the restrictions on the public have been the main factors affecting both merchants and users in general. The requests of the citizens always go hand in hand with nonconformity due to not being able to access places of recreation, a fact that is notorious in the finances of the national business community.
On the other hand, there is the distrust of many Colombians about the vaccination scheme. Some have chosen to refrain from applying the biological due to fear instilled in social networks and ignorance of the process.
From the business sphere, there is already concern about the fourth peak of the pandemic in Colombia. According to El Heraldo, Rosmery Quintero, president of Acopi (Association of Micros, Small and Medium Enterprises) would have asked the Ministry of Health for priority regarding the requirement of vaccination against Covid-19, arguing that workers must be safeguarded and thus business losses would decrease.
For Quintero, the arrival of the Ómicron variant has increased the possibility of contagion in people, taking into account its predominance and the exponential speed at which Colombians could contract Covid-19. He also highlighted the direct link between this problem and the crisis in companies, since the labor force decreases due to the disabilities and symptoms that workers may present.