The Ministry of Health will not support punishing citizens who do not want to be vaccinated against the coronavirus, but is considering not allowing them to attend events without a negative test or proof that they have had covid-19.
The department told "Vijesta" that they are not and will not be in favor of any sanctioning of unvaccinated citizens for guaranteeing the right to freedom of choice, because immunization against the coronavirus is an expression of free will and will remain so.
"At the same time, given that vaccination against the coronavirus prevents more severe forms of the disease, several possibilities are currently being considered in the context of the organization of various events. "Montenegro is moving towards, following the example of other countries in the world, allowing the organization of musical events outdoors, and access would be provided to those who are properly vaccinated and therefore safe in an epidemiological sense," the Ministry of Health replied. They emphasized that an alternative to proof of proper vaccination can be a negative PCR test, a negative rapid antigen test or proof that a person has recovered from the corona virus.
The Institute for Public Health (IJZ) announced at the beginning of June that they are considering banning citizens who have not been vaccinated from attending manifestations, festivals and sports events without negative consequences that they will have to pay for themselves.
Limitations expected and reasonable
The executive director of Action for Human Rights (HRA), Tea Gorjanc Prelevic, assessed that the announced restrictions were expected and reasonable.
"The principle is that you can enjoy your rights in a way that does not endanger the rights of others. If you don't get vaccinated, you endanger others and you, then others have to protect themselves from you. Another question is how much protection is needed, whether it would be enough for such people to wear masks or whether it is necessary to stay out of every manifestation. It is a matter of medical assessment", she believes.
Lawyer and former Minister of Justice, lawyer Dragan Šoć, told "Vijesta" that he believes that such measures are well-founded and that legitimate pressure is exerted with them in order to vaccinate the population. He said that it is discrimination if you prevent non-vaccinated people from attending some events, but that it is not illegal, but rather the selective application of measures.
"Like when certain cities were under blockade during the epidemic, and others were not. I wouldn't say that it will be a legal problem," Šoć said.
He explained that certain European countries already condition entry into the country with a vaccination certificate from certain manufacturers.
However, Šoć said that it remains to be seen what kind of measures will be taken in our country and how control will be carried out. Commenting on the announcement that unvaccinated citizens will not be allowed to enter a concert or match without a negative test, he said that "it doesn't seem realistic" to him that this will be done in practice.
"The question is whether it is applicable in practice, I don't envy the people who will control compliance with those measures," he said.
Šoć assessed that all measures in this area must be taken in consultation with lawyers and recalled the illegal decision of the previous government to publish the names and addresses of people in self-isolation, which was abolished by the Constitutional Court and for which hundreds of citizens have so far sued the state .
The Center for Civic Education (CGO) claims that vaccination against the coronavirus is recommended in Montenegro, but it should be recalled that the European Court of Human Rights, in the judgment of Czech citizens against the Czech state, ruled that mandatory vaccination is "necessary for a democratic society". .
"With the fact that member states have the freedom of assessment in the matter of vaccination policy. So, this kind of action by the state, when it comes to imposing vaccination as a prerequisite for participation in public events or gatherings that represent an increased risk of the spread of the coronavirus, does not constitute a violation of the European Convention on Human Rights when it comes to the right to respect for private life," said the Coordinator. of the Human Rights program at CGE Tamara Milaš.
How is it in the region and Europe
The European Union agreed on the details of the introduction of a common covid-passport by the end of June. As in the previous national versions of the covid-passport, this one will also be able to record evidence of vaccination, a history of the coronavirus or a negative test result. That digital European identity card will have a QR code that can hardly be forged, writes Deutsche Vele.
The government of neighboring Serbia decided to reward citizens who received the vaccine with 3.000 dinars (about 25 euros). On the other hand, the President of Serbia, Aleksandar Vučić, announced that there is a possibility that employees in the public sector who have not been vaccinated and are on sick leave due to the coronavirus, will be denied their full salary.
The Minister of Health in Croatia, Vili Beroš, said last weekend that there is still a chance to sanction those who refuse vaccination.
"Since the beginning of this epidemic, we have been fighting against any sanctions. However, when it becomes necessary, then we have to introduce them. At the moment, the epidemiological situation is getting better and I don't believe that we will think about sanctions, but I would tell everyone who opposes science and the possibility to protect themselves to think again", said Beroš.
There is no need for punishment, but for protection against infection
Wearing a protective mask is mandatory in an open public place when waiting in line in front of state authorities, public institutions and shops for those who have not been vaccinated.
This is the provision of the new Law on the Protection of the Population from Infectious Diseases, which was adopted by the Parliament at the end of last month. A fine of 30 euros is foreseen for those who do not comply with this legal provision.
Commenting on this provision, Gorjanc Prelevic said that it is not about punishment but about the need to protect people from infection.
Milaš claims that this is not unknown in many more developed systems.
"It is natural that vaccinated persons have more freedom to visit family members, travel or do other things that were common before the coronavirus pandemic, but precautionary measures must be observed and any discriminatory attitudes of the authorities towards citizens, which we witnessed during the previous period, must be avoided ", she said.
Milaš believes that it has been clear for a long time that the pandemic is not only a challenge for the health system, but also for the political and legal ones, and that it is much more suitable when clear restrictions are introduced by law because both the executive and legislative branches of government participate in their creation.
"Also, a clear legal norm makes it easier for citizens to align their behavior with regulations, than when orders are issued by the executive, especially when there is an extremely short period of time from the order's issuance to the beginning of its implementation," she said.
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