强制性疫苗接种要求和绿色Covid-19证书:意大利的基本权利视角

Stefano Civitarese, Micol Pignataro
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引用次数: 0

摘要

自2020年3月新冠肺炎大流行爆发以来,世界各国政府采取了各种措施来管理和遏制病毒的传播。例如,在意大利,从一开始就对行动自由实施严格限制,一直持续到2021年春季疫苗接种运动开始。此时,行政部门开始逐步解除最严厉的措施,同时开始使用其他法律手段。例如,除了逐步对某些类别的人强制实施疫苗接种要求外,行政部门还在意大利法律体系中引入了一项新规定:绿色Covid-19证书(或“绿色通行证”),这不仅成为进入场馆和使用服务的条件,而且成为享受或行使基本权利的条件,包括受教育权和工作权。本文的目的是通过自由民主宪政的视角评估意大利政府的决定,反思在公共卫生和个人基本权利之间取得的平衡。这种评估在紧急情况下尤其重要,因为紧急情况通常由快速和临时的决定决定,但这些决定可能"无意中"成为宪法法律秩序的一部分。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Mandatory vaccination requirements and the green Covid-19 certificate: a fundamental rights perspective in Italy
Since the Covid-19 pandemic outbreak in March 2020, governments worldwide have resorted to various measures to manage and contain the spread of the virus. In Italy, for example, severe restrictions on freedom of movement were enforced from the very beginning, and they lasted until the vaccination campaign picked up in Spring 2021. At that point, the executive started to lift the most severe measures progressively, and, at the same time, it began to use other legal instruments. For instance, besides progressively enforcing a compulsory vaccination requirement for some categories of people only, the executive introduced a novelty in the Italian legal system: the Green Covid-19 Certificate (or ‘Green Pass’), which not only became a condition to access venues and make use of services, but it also became a condition for the enjoyment or exercise of fundamental rights, including the rights to education and work. The aim of this paper is to assess the Italian Government’s decisions through the lenses of liberal democratic constitutionalism, reflecting upon the balance that was struck between public health and individual fundamental rights. This kind of assessment is especially important in times of emergency, as they are typically defined by fast-tracked and temporary decisions which may, nevertheless, “inadvertently” become embedded in the constitutional legal order.
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