Testing children in the camps was illegal. The court retroactively swept away another ministry order

The summer obligation to test children in camps for coronavirus, or to prove their vaccination or immunity from the disease, was in violation of the law, the Supreme Administrative Court (SAC) stated retrospectively. He complied with a complaint made on behalf of a boy who underwent testing at the camp in July. The SAC could no longer cancel the disputed part of the extraordinary measure of the Ministry of Health, because in the meantime it had ceased to be valid. CTK found out from the official board.

The children had to be tested at the start of the camp and then at weekly intervals. The SAC found the imposed obligation to be illegal essentially only because the provision referred to another part of the regulation which the judges referred to declared illegal as early as September. It was a passage that provided vaccination, a negative test or confirmation of a disease as a condition of entry into certain enclosed spaces or mass events, but not laboratory-confirmed anti-covid-19 antibodies.

A rule that allows a certain activity, in this case participation in the camp, only if the conditions previously declared illegal by the court, it is also automatically illegal, follows from the decision of the SAC.

“The illegality of the formally separate but materially inseparable part of the rule makes the rule as a whole illegal, because without this part the rule as a whole is still inapplicable,” the judges wrote.

In the past, the NSS has repeatedly suggested that non-recognition of laboratory-confirmed antibodies can be considered a form of discrimination. Vaccinations and cures are favored, although they are only expected to have antibodies. However, it cannot be ruled out that the case law of the SAC will change. Another trial is currently pending in court, in which the Ministry of Health is trying to defend its approach and points out that there is no scientific consensus on the safe level of antibodies. Two public hearings have already taken place, the verdict could fall next week.

The review of the measures of the Ministry of Health is a new competence of the SAC, which follows from the pandemic law. The court has already taken dozens of decisions, repeatedly criticizing the ministry, most often for the fact that the measures are insufficiently justified, or that they have no basis in public health laws or pandemic law.


Source: Blesk.cz by www.blesk.cz.

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