Court rejects another action against card presentation

Santo Domingo, DR

There are already two lawsuits against the resolution requiring the Covid-19 vaccination card to enter closed places that have been unsuccessful in the Superior Administrative Court (TSA).

Yesterday, the Third Chamber of the TSA declared inadmissible an appeal action filed against resolution 000048, issued by Public Health.

The judges of the Third Chamber of the TSA considered another effective way to protect the fundamental rights that the plaintiffs claim were violated by the resolution, which is the administrative appeal before the same court.

The decision is based on Article 70, numeral 1, of Law 137-11, Organic Law of the Constitutional Court and Constitutional Procedures.

The court accepted the motion of inadmissibility filed by the defendant and the General Administrative Attorney’s Office. The sentence was adopted unanimously by the judges Luisa del Carmen Canaán, president of the court, Silvia Rosario Almonte and Jeny Rodríguez Lora.

Unconstitutionality
The judges also rejected the request of the plaintiffs to declare unconstitutional, by diffuse means, Article 64 of Law 42-01, General Health Law, and the provision of the resolution under attack concerning supermarkets, pharmacies, and shopping centers that provide public utility services.

Article 64 of the General Health Law establishes the obligation of Public Health to guarantee to the population the mandatory vaccines, approved and recommended by the World Health Organization and national organisms. Ironically, both the WHO and CDC in Atlanta officially declare that the vaccine will not end the pandemic and that it is vital to maintain health safety protocols of masks, social distancing, and hand washing even if vaccinated.