Can DR Make Vaccination Against Covid19 Mandatory?
I've read conflicting opinions.
Here are some legal opinions from El Dia today which suggest the State can make vaccinations mandatory even though the President has dismissed this suggestion - so far.
Can the State impose the obligation to be vaccinated against COVID-19?
The government can not only make the vaccine mandatory in the case of COVID-19. It is also empowered to make a series of decisions such as those it has been adopting.
https://eldia.com.do/puede-el-estado-im … -covid-19/
Can the State impose the obligation to be vaccinated against COVID-19? Can sanctions be applied against those who violate government guidelines to combat the pandemic? Can companies require their employees to be vaccinated?
The experts in Constitutional Law Cristóbal Rodríguez and Nassef Perdomo respond from the legal point of view to each of these questions. Let's see next:
The jurist Rodríguez points out that those who oppose the mandatory provision of the COVID-19 vaccine start from the assumption that they have the right to freedom of choice, which is part of the general right to freedom provided for in the Dominican Constitution.
Rodríguez considers that those who reason this way are in error, for various reasons that are summarized, in legal terms, in a biased reading of the constitutional text and the system of rights enshrined in it.
Cristóbal Rodríguez, lawyer and university professor.
Let's see the reasons for this statement below.
The first tool for coexistence in a democratic society are rights, the second, its limits. The idea that all rights have limits is due to a simple question of social coexistence.
In most circumstances, the exercise of the rights of some is only possible if others find limits to the exercise of theirs. These limits are imposed by the legislator, having as a barrier the reasonableness of such restrictions.
For this reason, Article 8 CD, while imposing on the State as an “essential function (…) the effective protection of people's rights” requires that their exercise be “compatible with public order, the general welfare and the rights of all ”.
The establishment of limits to the exercise of rights corresponds to the legislator. This is provided for in article 74.2 CD: “only by law (…) can the exercise of fundamental rights and guarantees be regulated, respecting their essential content and the principle of reasonableness”.
Consequently, the mandatory nature of vaccination, in the context of the most devastating economic and health crisis that humanity has faced at least in the last century, cannot be understood without the notion of limits that the exercise of all rights entails. .
Article 61 CD provides: “Everyone has the right to comprehensive health. Consequently: 1) The State must ensure the protection of the health of all people, (…) as well as seek the means for the prevention and treatment of all diseases… ”
Analyzed as a whole, the provision that empowers the State to "ensure the protection of the health of all people" and seek "the means for the prevention and treatment of all diseases" with that relating to "general welfare and rights of all ”.
As a justification for the limits to freedom of choice, it is more than justified. This is so because as the person is the vector of the virus, not getting vaccinated converts each one of them all.
It is for the foregoing that the General Health Law, although it recognizes as a right to "decide, with prior information" the acceptance or rejection of assuming a certain treatment "establishes as an exception" cases that represent risks to public health "( art. 28).
Similarly, article 29, literal d), establishes as a citizen obligation: "To comply with the general health prescriptions common to the entire population, as well as the specific prescriptions indicated by the health authorities."
Paragraph e) of the same article 29 obliges people to “collaborate with the health authorities, assisting their action, complying with their instructions and avoiding actions or omissions that interfere with health actions or delay their compliance”.
Article 63 of the same law provides that "Any natural or legal person, public, decentralized or autonomous, must diligently comply with the legal and regulatory provisions issued for the control of communicable diseases in the population."
While article 69 provides that "In the event of an epidemic or danger of epidemic, the Secretary of State for Public Health and Social Assistance (SESPAS) must determine the necessary measures to protect the population."
The government can not only make the vaccine mandatory in the case of COVID-19. It is also empowered to make a series of decisions such as those it has been adopting.
Can companies require their employees to be vaccinated?
This is the response of the constitutional lawyer Nassef Perdomo, set out in his opinion article published in this newspaper:
The decision of a major company to require vaccination of its employees sparked discussion about whether this is legal or illegal. For some, article 88.15 of the Labor Code allows the justified dismissal of workers who refuse to be vaccinated.
Nassef Perdomo Cordero, lawyer:
This numeral reads as follows: "Because the worker refuses to adopt preventive measures or to follow the procedures indicated by law, the competent authorities or employers, to avoid accidents or illnesses."
Others rejected this argument, pointing out that the worker's rights are imposed and, therefore, the dismissal would be irregular.
Although the debate revolves around labor rights, it is not limited solely to them, since the crux of the matter is determining whether the employer can derive consequences from the employee's refusal to be vaccinated.
In that sense, the discussion is twofold. On the one hand, the worker's right over his body and, on the other, the possible derivations that this may have in the exercise of another right: that of work. All this in the context of the right of other workers not to be infected.
The latter is important because the balancing work ordered by the Constitution when there are rights in conflict calls for a solution to be found that harmonizes the assets and interests protected by it.
While it is true that the right to personal integrity implies that no one can be subjected to medical procedures against their will (art. 42.3 CRD), it is also true that vaccination is not only intended to benefit the person who receives it, but also reduce the spread of a virus in the community.
Hence, the (debatable) right not to be vaccinated does not imply that one is free from legal consequences because personal decision affects collective health.
The Constitutional Court has ruled on the attenuation of the scope of rights in the workplace when third parties are at risk.
In its judgment TC / 0362/14 it indicates that, although there may be a right to refuse anti-doping tests, this does not prevent them from being demanded of a person if their work could endanger national security.
The requirement demanded by the court is that this obligation is provided for in the law.
This is true in the case of yore because the mandatory vaccination is provided for in article 64 of the General Health Law.
As, by their nature, pandemics endanger collective health, when the case under debate is analyzed, it is not enough to vindicate the rights of the individual worker, but also to value those of their co-workers.
If we follow the logic of the Constitutional Court, the right not to be subjected to medical procedures or examinations may be affected by the rights of third parties.
Hence, at least from the constitutional point of view, the rights of a worker are not violated if he is fired because his final decision not to be vaccinated endangers the health of the rest of the employees.
Remember this assessment is based upon the DR Constitution and laws and what may apply in your country becomes irrelevent.
Let's hope there is a good take up of vaccination or else........you never know......
Compulsory vaccination to enter public places is going to be put before the Senate this week and this Senator believes it has enough support.
Senator Dionis Sánchez defends resolution that forces people to get vaccinated
https://eldia.com.do/senador-dionis-san … vacunarse/
Senator Dionis Sánchez (FP-Pedernales) insisted that the mandatory vaccination be applied in the midst of this Covid-19 pandemic and rejected that this is unconstitutional as is the criterion of those who oppose the resolution of his authorship that would be known this week in the Senate.
He explained that Law 42-01 on Health in its article 64 establishes the obligation to be vaccinated, although it admits that there are constitutional criteria that indicate that a person cannot be subjected when he does not want to, however, he clarified that when it comes to rights collectives to health, to life, that is above that personal consideration.
“It is that the fact that a person is not vaccinated not only affects their person but also puts others at risk, and from that point of view we understand that in the country we must do something to compel them to citizens understand that they should be vaccinated, ”said Sánchez when participating in the program Fuera de Record produced by journalist Elvis Lima through En Televisión.
The legislator said that in reality he has not spoken of forcing the citizen, but rather that the resolution establishes that for a person to enter certain public places they must have their vaccination card.
"There are companies that are already doing it with employees, so we propose that to go to a bank, to get on the train, and have access to certain services, as well as to go to certain public squares, you must present your vaccination card" , argument.
He guaranteed that this Tuesday there are high chances that it will be approved, because it has the support of all the sides.
He revealed that the resolution is in commission and announced that he intends to propose that a small exception be made in the cases of people who have a condition that prevents them from being vaccinated and have a medical prescription that supports it, which is also contemplated in the regulations of the Health Law.
This entire thread seems like a waste of time. WE are expats and have ZERO say in this.
But some expats may have declined so far to be vaccinated and so it is current information for them.
Compulsory vaccination will be an alien concept to many.
Yes expats have no say but will have to comply with what is decided.
So once it's decided we post.
And compulsory vaccines are not alien to many. How many kids must vaccinate in order to attend school? Pretty common actually!
I appreciate being informed. Thanks lennoxnev.
While you may not have any family here Planner there are those of us who do and this is a big debate within the community. Please allow people to share accurate information without censure
Correct. It is a big issue and debate in the expat community.
Right now the President has no intention of making it mandatory but there are many politicians who think otherwise.
In the end his policy fails if the vaccination numbers dont reach 70% and he may have to rethink sooner than later if the rate of vaccination tails off.
I will keep posting about this subject if the community wants updates.
If not delete the thread!
Interesting to know and I can now check with my family in Moca as to what is going on there...thanks Lennox
I didn't censure anything! I said it's a waste of time in my opinion.
You all have nothing better to do then debate this, have at it!
Once a decision is made then it's worth reporting. Again that's my OPINION which I have the right to!
A good analysis of the vaccination strategy -
Using the UK as an example
==============================================
Britain has had one of the world’s most successful Covid-19 responses in recent months.
Unlike the European Union, the British government understood that quickly obtaining vaccine doses mattered more than negotiating the lowest price. Unlike the United States, Britain was willing to impose nationwide restrictions again late last year to reduce caseloads. British officials also chose to maximize first vaccine shots and delay second shots, recognizing that the strategy could more quickly reduce Covid cases.
Thanks to these moves, Covid has retreated more quickly in Britain than in almost any other country. Fewer than 10 Britons per day have been dying in recent weeks, down from 1,200 a day in late January. On a per-capita basis, Britain’s death rate last month was less than one-tenth the U.S. rate.
Three U.K. lessons
I see three main lessons from Britain’s recent rise in cases:
One, vaccines are still the most effective way, by far, to defeat this terrible pandemic. Nothing matters more than the speed at which shots go into arms — in Britain, in the U.S. and especially in poorer countries, where vaccination rates are still low.
Two, behavior restrictions can still play a role in the interim. If hospitalizations or deaths in Britain rise over the next two weeks, there will be a strong argument for pushing back the full reopening of activities. And that has obvious implications for the U.S., too. Restricting indoor activities for unvaccinated people is particularly important.
Three, caseloads are no longer as important a measure as they used to be. Before the vaccines were available, more cases inevitably meant more hospitalizations and deaths. Now, the connection is more uncertain. As a recent Times story put it, paraphrasing British scientists, “upticks in new infections are tolerable so long as the vast majority do not lead to serious illness or death.”
I do not even know how they can even mention this when you don't even have enough vaccines for the whole country and probably awhile to they do. And by that time they are already saying a booster shot is needed in the fall which delays it further.
The latest -
======================================
The health authorities vaccination campaign worked. After days of declining numbers of persons getting vaccinated per day, the Ministry of Public Health was able to report new record numbers of vaccinations over the Corpus Christi long weekend. The new daily vaccination record is now 129,308 set for the 5 June deadline, as reported by Our World in Data.
The Dominican people responded showing up in droves to the established vaccination centers and new ones opened for the major vaccination effort for 3, 4, 5 and 6 June in Greater Santo Domingo, San Cristóbal, Azua and Peravia provinces.
As of the 6 June 2021 deadline, the University of Virginia Covid-19 Surveillance Dashboard indicates that 3,784,461 persons have received at least one dose of the Covid-19 vaccine in the Dominican Republic and 1,330,909 persons had received two doses, around 17% of the target population over 18 years old.
President Luis Abinader says no one can obligate people in the Dominican Republic to get vaccinated, but he appealed to the civic and collective awareness of the population. Many businesses are offering special discounts and promotions for those proving they have been vaccinated, including La Sirena (10% off from 14-17 June for those presenting vaccination card). The Banco de Reservas announced its banks nationwide are opening vaccination centers. The vaccine campaign is allowing tourists and non documented workers to get vaccinated here. The goal of the country is to have vaccinated upwards of 70% of the population before the new school year starts this fall.
There are sufficient vaccines for all to get vaccinated. As of 3 June, the country had received 6,646,000 vials of vaccine. These are distributed in AstraZeneca (328,400), costing around US$4; Sinovac/Coronavac (6,268,000) costing around US$18 each and a donation of Sinopharm (50,000). The government expects around 250,000 Pfizer vaccines, purchased at US$4 the dose, to arrive later this month. These vaccines are targeted to be used for school children.
I believe most of us agree 'vaccines are still the most effective way, by far, to defeat this terrible pandemic.' And in the case of DR with an indisciplined and largely undeducated population more so and the best way to get out of curfews.
DR is doing very well compared with other regional countries to get shots in arms with 5.1million the total number as of yesterday with a million plus more shots still available now and more to come shortly.
The problem the government has is to persuade people to continue getting vaccinated at the same excellent daily numbers of 100k plus and make sure people get the full course of two shots. There is a alot of resistance so other measures need consideration imo.
Any law to restrict people from public spaces and even compulsory vaccination will take time to pass the Senate and Deputies before reaching the Presidents desk, so not such a bad idea to start the process and see if it runs imo.
To put this all in context, DR will need 15 million shots in arms to get 70% population coverage and an effective way out of this problem. Three times what they have got now - another 10 million shots and that will could take 100 days plus the second dose period assuming continuing good uptake and so take us to October. Fore sure 5 million more will help reduce the case load but leave the door open for more waves.
Do we really want to be waiting that long to get beyond this or should we be ready to be more persuasive?
I don't see a lot of options..... the vax takes time - plain & simple.
Are we late starting ? Yup !
Will social controls work ? Not too well - IMO
Recent advice stresses the vax and social controls play a lesser role.
We need to suck it up and stick it out.
lennox is right - uneducated, undisciplined & add ill informed
So this has become a discussion about how to handle things not the original thread topic.
Get back on topic please.
Former Public Health Minister Says Government May Force People To Get Vaccinated
Affirms that the Health Law and the state of emergency give that power to the authorities
https://www.diariolibre.com/actualidad/ … GB26722884
he former Minister of Public Health, Bautista Rojas Gómez, assured this Monday that the General Health Law 42-01 and the state of emergency approved by the National Congress empower the health authorities and the Government to force the application of the vaccine against COVID-19.
The senator for the province Hermanas Mirabal explains that "no citizen of the Dominican Republic who is governed by that Law (42-01) has the right to make another sick" and that, even, "in case of extreme situations like this (of the coronavirus ) Not only does Law 42-01 give power to the health authority and the national authority, but also a mandate for an exceptional situation that has been approved by Congress ”.
When interviewed on L a Opción de la Mañana , a program that is broadcast on Independencia 93.3 FM and Digital 15, from Grupo Telemicro, Rojas Gómez affirmed that people have the right to believe that the COVID-19 vaccine does not it will take effect and that the national authority must respect that, but that there is also the obligation to respect the rest of the population and keep it protected from the deadly disease.
"So if you do not want to be vaccinated, what corresponds is to keep you isolated, do not go to the bank, do not go to the grocery store, do not go to the movies, do not go to a restaurant and stay at home, in your territory so that you do not infect anyone" , said Rojas Gómez
"The religious leaders who misinform must be put in their position," considered the legislator of the People's Force.
He understands that since the churches exercise leadership in the believing population, these religious leaders must be put "in their place."
He said that, although "there is freedom of worship" there is no freedom to abuse the unconsciousness and ignorance of the citizen.
In the opinion of Bautista Rojas Gómez, the government headed by Luis Abinader has done enough to create the necessary awareness and said that this is where we must insist.
He invited people who have any special health conditions, such as asthmatics, allergies, to visit their specialists "and they will see that they will tell them that there are no problems with vaccines, because we must all get vaccinated."
The Morning Option is hosted by journalists Patricia Pérez Díaz, Johnny Vásquez, Daniel Candelario, William Capellán and Michael Miguel Holguín.
This is all on topic.... about vaccinating the population
Whether voluntary or mandatory
If voluntary fails - what next ?
Mandatory !
Can they or can't they.... and where does that figure into the ultimate goals/results
I bet the gov't is reading just what we are....
how to get a handle on controlling this situation
Has any other country made it mandatory?
"There are sufficient vaccines for all to get vaccinated. As of 3 June, the country had received 6,646,000 vials of vaccine"[b][/b]
Did not realize they had gotten enough. I do not not think they reach 70% too much push back in general probably closer to 50%.
Not that I can think of..... no country has mandated it
Israel's success came from a superb, well funded health care system
DR is lacking in the areas that will drive the program
Perhaps this particular population needs 'direction'
More like 'directing' !!
It is too early for most countries to opt for madatory vaccinations with the voluntary option still attracting sufficient patients.
But having the legal framework in place as is the case with the proposed law presented to the Senate here in DR is the first step.
In Europe there was a landmark case earlier this year which opens up mandatory vaccination in 47 member states there if needed.
https://www.euronews.com/2021/04/13/how-a-court-ruling-lays-the-ground-for-mandatory-covid-19-vaccination
How a court ruling lays the ground for mandatory COVID-19 vaccination
it is an interesting ruling for democratic societies.
Eduardo Núñez Law : "The legal duty to get vaccinated does not exist", here what the State can do
https://noticiassin.com/pais/eduardo-nu … do-1107189
Legally, the Dominican government could not impose vaccination against COVID-19 or take measures against those who decide not to apply it, although the private sector can establish limitations for those who are not vaccinated.
The lawyer Eduardo Núñez explained today that "it is not the same obligation when it comes from the State as when it comes from the workplace."
"The legal duty to be vaccinated does not exist. There is no law that says 'you have to get the coronavirus vaccine.' In the absence of this law, requiring a person to be vaccinated to enter a public place could clash with fundamental rights , "he said.
"We have to take into account where this obligation comes from because it is not the same thing that we talk about whether the State can impose mandatory vaccination to say that if an employer can force its employees to get vaccinated or can fire them for not getting vaccinated," he said in SIN's Alarm Clock.
As for the State, it stated that with vaccination there are two constitutional aspects to take into account.
“The possibility that the State imposes vaccination, there are at least two norms that play an important role. The first is Article 61 of the Constitution, which indicates that the State must ensure the health of all citizens and the second, which comes from Article 42.3 of the Constitution, which indicates that no one can be subjected to medical procedures against their will. " , He said.
In the Chamber of Deputies they seek consensus on whether or not to be vaccinated
https://www.diariolibre.com/actualidad/ … PH26742827
The president of the Chamber of Deputies, Alfredo Pacheco, assured that legislators are trying to reach a consensus on whether or not to be vaccinated, which would be established in the vaccine bill they are studying.
He assured that Health Law No. 42-01 establishes the obligation to get vaccinated.
Last Sunday, President Luis Abinader affirmed that no one will be forced to be vaccinated.
In the lower house the approval of the vaccine bill remains stagnant and precisely the deputies had shown differences on whether or not to be vaccinated.
“The General Health Law establishes the mandatory nature of vaccines. It is an old law because it was in 2001 and in these discussions we have been mediating to achieve a consensual text, "he said.
He argued that for that reason he could not give his personal opinion on the matter.
In addition, he insisted on recalling that the draft National Vaccine Law would not be an exclusive legal provision for COVID-19 and that it has coincided with the incidence of the pandemic in the country.
"In that order, we are trying to achieve consensus and if I set a position for you then I will not be able to achieve being part of achieving that important consensus," he reflected.
Pacheco stressed that it is very important that the country has a national vaccine law.
The draft National Vaccine Law was approved in the Senate and sanctioned in the first reading in the Chamber of Deputies.
Further to post #2:
Senate passes resolution that asks Abinader to prohibit the entry of unvaccinated people to public and private places
The initiative is authored by the senator of the People's Force, Dionis Sánchez
It includes centers where food is sold, banks, restaurants and other places where there may be an agglomeration of people
https://www.diariolibre.com/actualidad/ … HF26765736
The Senate approved a draft resolution on Tuesday afternoon that asks President Luis Abinader to prohibit the entry to public and private places and other places for people who have not been vaccinated against COVID-19.
The initiative is authored by the Senator of the People's Force, Dionis Sánchez, and was seconded by Senators Martín Nolasco (PRM) and Ramón Rogelio Genao (PRSC).
The purpose of the proposal is to prohibit the entry of people to centers where food is sold, banks, restaurants and other places where the agglomeration of people who are not inoculated can occur as a way of preserving the collective health and the public good.
The draft resolution also seeks that in order to use public transport, passengers must show their vaccination cards.
The proponent, Senator Dionis Sánchez, spokesman for the Force of the People bloc, said that no one has the right to infect other people who were vaccinated against the virus.
“We do this as an endorsement for President Luis Abinader, because here there are vaccines against the coronavirus. This does not violate anyone's right because the same state of emergency in which we live restricts some of our rights, "said Dionis Sánchez
So children won't be allowed into any public places or do they not count children as people?
This is hilarious:
The proponent, Senator Dionis Sánchez, spokesman for the Force of the People bloc, said that no one has the right to infect other people who were vaccinated against the virus.
If they have been vaccinated, they shouldn't have to worry about getting infected.
Oh, I almost forgot. It's a chinese vaccine, can cause more harm than good!
The city of Edmonton Alberta is considering extending the mask rule until 70% of the population is vaccinated.
I wonder if something like that would work here ?
It's too bad you have to make it a rule when its just common sense...
Anyways, having COVID is just as effective as getting the vaccine, more so in the case of Sinovac so pretty soon all of these COVID cases they are reporting are now immunized!
Bring it on and forget about the vaccine mandate! It won't work anyways...
The immunity from the vax or having the virus is not foolproof
People get Covid twice
The vax just keeps you out of the hospital and graveyard.... not immunity
All vaccines are close to 100% for this.... the lessening of the impact
As I read it anyway
According to recent studies having had covid is more foolproof than the vaccine...
from preventing a second round of covid.
You are right, Mike. The vaccine provides only protection against one specific antigene/docking molecule of the virus, only against on type. So it is pretty specific. As we observe this virus mutating very fast, we will soon enter into a competition who wins the race, the mutants or pharmacological development.
Normally no artificial tool can keep up with nature.
Read the Cleveland Clinic opinion on two time Covid
https://health.clevelandclinic.org/can- … than-once/
Can we please stay on topic ! This is about making vaccines mandatory
We have another general covid thread! We don't need multiple threads!
Agree with you! Vaccination is the only way out of this pandemia. I had my 1st dose 2 weeks ago, will go for the 2nd one end of next week.
I do not see an issue in making vaccination mandatory, it protects the health of everyone (mine included) and a lesser burden for the hospitals.
Perhaps, madatory vaccination or a requirement to be vaccinated to enter public places will not be needed:
Public Health plans to have 8 million Dominicans vaccinated by the end of July with two doses
https://www.diariolibre.com/actualidad/ … DK26865897
The Minister of Public Health, Dr. Daniel Rivera, predicts that by the end of July of this year eight million Dominicans will have received their double dose of vaccines against COVID-19, if the pace of the inoculation program is maintained as it has been until now, if The contracted lots continue to arrive and the population goes to be immunized.
Rivera, a moment before touring the vaccination post that works in the gardens of the Gran Teatro del Cibao, crowded with adolescents and adults who were vaccinated against the virus, said that this weekend the goal of two million people could be reached with double dose.
The figure was the goal designed in the standard program that was designed to cover the entire vaccinable population and defeat the disease.
“Thanks to the president who has planned all this, we guarantee that, in the coming days, if we continue with this rate, they will continue to dispatch us and the population will respond, we believe that we will achieve the goal by the end of July that this large population will both doses, '' he added.
At the Theater, the line skirted the bars around the institution. The three vaccination posts with Pfizer were visited by middle-class citizens.
The minister assured that vaccination centers for minors will continue to expand to bring the vaccine to all sectors, but said that the distribution structure is being designed first, because this drug has a stricter cold chain system as they arrive in -70 degrees.
“After they are prepared, it can take 5 days for the application process. We cannot have them all in blows, but it will be weekly that they will arrive ”, he explained.
Rivera called on the coordinators of the vaccination centers to give priority to pregnant women and people living with some type of disability so that they can receive their doses of vaccines.
The official also guaranteed the sufficiency of vaccines, indicating that the arrival of 10 million from Pfizer and another 10 from Sinovac is expected.
Being in the USA and reading this makes me a little sad vaccines should ALWAYS be a choice.
My Dominican MD (in Santo Domingo) was fully vaxxed and still received C19. A family I know here endured the pandemic without contracting C19 until they vaccinated.
Let the individual decide what is correct for them.
Cancer is still the number 1 killer in most countries and there's still no cure for it, but in 6 months they came up with genetic therapy (because that's what the jab is) for the common cold with a 99.9% survival rate. tsk tsk
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