The sterile debate of mandatory vaccination in Spain

The debate is on the table. The President of the European Commission, Ursula von der Limen, this Wednesday: "I think it is understandable and appropriate to have this discussion now: how we can encourage (vaccination) and potentially think about mandatory vaccination within the EU. It is necessary Discuss and have a common approach, "he said at a press conference in Brussels.

In Spain, the issue has been addressed during the pandemic since legal, bioethical and health approaches. The conclusion that has been reached has been the same: it is not necessary to make mandatory vaccination. Logic is as follows: "To impose vaccination in a country where the percentage of the population vaccinated above 12 years reaches 89.3% could generate more rejection than anything else," said Ernesto Pascual, a collaborating professor. of law and political science of the UOC.

This percentage of immunized is above the European average: in which 77.4% of the population of the European Union of more than 18 years has received the two doses, which represents 66.3% of the general population total. In short, Von Der Limen explained, "There's one third, this is 150 million citizens of the EU, who does not have the full schedule of the vaccine, even though a great majority [of this group of not vaccinated] could" . That is, never have no contraindication that prevents them from putting on the two punctures.

The adult population vaccinated with the double pace varies significantly among member countries. According to the latest data from the European Center for Disease Prevention and Control (ECDPC) 82.7% of French over 18 years of age has the double puncture of the vaccine; 82.6% in Italy; 81.9% in Germany and 72.5% in Greece. While underneath the European average, Romania remains with 46%; Bulgaria with 30.4% or Hungary, with 68% of those over 18 who have received the double guideline of the vaccine.

In the same speech, Von der Layer admitted that the European Commission has no powers to impose compulsory immunity, as explained by the Professor of Constitutional Law of the University of Valencia, Lorenzo Cotino.

"The European Union can promote debates and say what they would like, but in matters in which it has no skills, such as the restriction of specific rights. In any case, this serves the States to reinforce arguments, of why they have made a decision or another ".

Said that, the professor clarifies that "it is not so easy nor is it black and white to say what competencies the EU has, but in this case we have the example of the Covid passport, where it already clarified that in restrictions on rights it would be the States who had the last word".

Reinforcing this argument, Josefa Cantero, Professor of Administrative Law of the University of Castilla-La Mancha, notes that "Article 168 of the Treaty on the European Union establishes that the competition of the European Union in public health policies is limited To complete the national guidelines, of the Member States, and this is far from limiting fundamental rights. That is, in this area, Member States have not sovereignty to the Union ".

In any case, it clarifies that, if the Member Countries agreed within the European Union, this obligatory nature of Vaccination against Covid, then, "it would have to be channeled through the legal instruments of each of the Member States and, in The case of Spain, an organic law approved in our Parliament would be needed, because we are talking about mandatory vaccinations. "

In relation to the Covid passport, where the European Union did establish the strategy, quarryer, "Mandatory vaccination has nothing to do with the Covid passport, because this has been an instrument that has been used to influence and favor free circulation and That is a competence of the European Union. "

Federico de Montalvo, Chairman of the Bioethics Committee of Spain, specializing in Constitutional and Health Law and, in addition, a member of the presentation that advises healing in the vaccination strategy, reiterates that lack of EU competencies in this matter, although , Aim "could limit the circulation between Member States in the case of not vaccinated as in a certain way already occurs with the Covid certificate."

In any case about making vaccination compulsory, he points out that "it is a measure that can be adopted when there is a serious risk to collective health and there is no other less coercive measure that allows reaching the same purpose. And here is somewhat the problem. You have to consider whether obligatory vaccination is really necessary. "

In the case of Spain, Montalvo claims that it is not necessary, although it recognizes that it may be "a measure to be applied in one case that can not increase the number of vaccinates voluntarily." In this sense, he points out that "the incentives are a good measure, as would be the Covid Certificate itself, for a certain mobility and access to spaces."

"After having vaccinated millions of people can be affirmed that these vaccines in the event of necessarily do not impose a serious risk or discomfort in principle, the problem of mandatory vaccination is that it may not be very fair, because it does not suppose they force you To receive the vaccine, but they are sanctioned for not doing so. In this way people with more resources can decide to vaccinate or not paying the sanction, while the same does not happen with people of less resources. "

In any case, the debate pointed out by Brussels has already been left in some countries that have mandatory the vaccination of their health professionals and workers in residences such as Italy, France and Greece. In other cases, as in Germany, the Covid passport has become the mandatory pass to access closed establishments, to the point of considerably limiting the activity to which it does not walk it. In Italy, it is required to be able to work.

While Austria, who is in a "general confinement" since November 22, and has announced that he is studying vaccination mandatory in a general way under the penalty of fine to which he does not vaccinate.