[ad_1]
Professor Pietro Ichino, there are those who air the hypothesis of making the vaccine mandatory. Legally possible?
Not only can it be, but in many situations it is expected.
Article 2087 of the civil code obliges the employer to take all the measures suggested by science and experience, necessary to guarantee the physical and mental safety of the people who work in the company, their well-being.
Not only can it, but it must. Obviously if it is reasonable. At this time it would not be, because vaccination is not yet possible. But as the vaccine becomes available to certain categories, for example doctors and nurses, it will be reasonable to impose this measure for the duration of the Covid epidemic.
Isn’t it too invasive an imposition?
Anyone can refuse vaccination; But if this puts the health of other people at risk, the refusal will constitute an objective impediment to the continuation of the employment relationship.
Either you get vaccinated or they fire you?
S. Because protecting your interest in continuing the relationship gives way to protecting the health of others.
There is already a requirement for masks and spacing.
As long as there is no possibility of getting vaccinated, these are the only possible safety measures. But since science and experience point to vaccination as the safest measure, this can also be enforced: like those who ride a motorcycle, they should not drink too much alcohol.
But, the freedom to escape the treatment protected by article 32 of the Constitution?
That standard contains two principles. First, it establishes that of protecting the health of all; then it provides freedom of choice and refusal of therapy. But when the choice not to take care of yourself determines a danger to the health of others, the protection of this prevails. If I am a hermit, I am perfectly free not to be cured and not vaccinated. If I risk infecting relatives, colleagues or neighbors on the train, no: the state can prohibit this behavior.
As long as there is an appreciable risk of contagion, the employer can condition the continuation of the relationship to the vaccination. And also airlines, restaurant owners or supermarkets.
No. Article 2087 of the civil code is enough to impose it on the company. But even restaurateurs and shippers are already subject to a similar obligation to ensure health and safety.
Don’t you think a dispute might arise?
probable. But in a very limited number of cases.
But in other EU countries the vaccine is not mandatory.
In other countries too, the link may arise if circumstances make it a condition for the safety of other people.
In Spain they write down the names of those who do not get vaccinated.
a reasonable measure – another way to identify who may pose a risk to those around you.
December 29, 2020 (change December 29, 2020 | 08:11)
© REPRODUCTION RESERVED
[ad_2]
