The Superior Court of Justice of the Canary Islands considers that requiring the Covid-19 vaccination certificate to access establishments open to the public implies "segregating" those citizens who have "lawfully" decided not to administer the vaccine.
This is stated by the Second Section of the Contentious-Administrative Chamber, which has ratified its refusal to require this certificate to access hospitality venues, as agreed in another order on July 29.
In this new resolution, following another appeal filed by the 'Liberum' association, the TSJC maintains that, "despite the good faith (...) that may preside over the adoption of this measure", the decision of the Canarian Government implies a risk that "an indeterminate number of citizens may be excluded from enjoying all the possibilities that their constitutionally proclaimed freedom offers them" for "the mere decision not to get vaccinated, which is lawful, since vaccination against covid-19 is voluntary"; for not taking a diagnostic test, "whose realization also implies an economic burden", or for not having had the disease.
In addition, the Chamber understands that the measure may also clash with other types of objections, such as those related to the protection of personal data, and is not "suitable" for what is intended, to stop infections.
On the other hand, the new order leaves without effect the determination of capacity established in the previous resolution
