Are covid certificates a proportionate measure to restrict freedom of movement during the omicron wave?

Onderzoeksoutput: Conference paper

Samenvatting

Context. Digital covid certificates (DCCs) were put in place under Regulation 1021/953 to facilitate the exercise of freedom of movement when member states place entry restrictions. The DCCs are based on the presumption that certain people pose less risk to public health: vaccinated, recently infected or tested negative on a biochemical test. On principle, holders of DCCs should not be subject to additional requirements to enter a country. However, with the advent of omicron variant of concern which has a very high rate of transmission compared to previous variants, and considering its public health impact, it may be time to question the proportionality of DCCs as a measure. Aims & objectives. The findings of this paper will feed into my PhD project on the interaction of public health and non-discrimination law in the context of digital covid certificates. It will help me determine fundamental parameters for evaluating the effectiveness of public health measures, as well as provide an important public forum to discuss the outcomes of the first year. Methodology & initial findings. I will answer the following research question: “are covid certificates a proportionate measure to restrict freedom of movement during the omicron wave?”. In order to answer it, I will take into account primary EU law, which allows public health to be invoked as grounds to restrict freedom of movement, insofar as the measures are proportionate. I will evaluate the certificates in the light of the proportionality principle, following criteria of justifiability, suitability, necessity and proportionality. Especially suitability and necessity of the measure will be examined in the light of limited access to free testing, immune escape and high transmission rates in the community. Taking into account the persuasory nature of the measure rather than a “hard” vaccination obligation and the different member state exist strategies, I also evaluate proportionality senso strictu of the measure.
Originele taal-2English
TitelProceedings of the Eighth European Health Law Conference
UitgeverijEighth Conference on European Health Law, Book of Abstracts
Pagina's153-154
Aantal pagina's2
StatusPublished - apr 2022
Evenement Eight European Conference on Health Law - Gent, Belgium
Duur: 20 apr 202222 apr 2022

Conference

Conference Eight European Conference on Health Law
Land/RegioBelgium
StadGent
Periode20/04/2222/04/22

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