Spain’s High Court upheld a ruling by the High Court of Justice of Andalusia (TSJA) that denied the executive implementing the COVID passport. The passport would have required individuals to prove having received the coronavirus vaccine or a negative test within less than 72 hours. The measure was not justified adequately in terms of necessity and scope, Life Site reported.

On Aug. 5, the government of the autonomous region of Andalusia, the largest in Spain, tried to implement the COVID-19 passport in the Andalusian territory, requesting the endorsement of the judiciary. A similar passport has been in force throughout the European community since July 1.

The measure, which is in force in other autonomous regions of the country, would oblige people to present a vaccination test to enter bars, restaurants, and leisure establishments, or failing that, a negative test within 72 hours.

The Andalusian justice rejected the government’s proposal mainly because it would apply to the whole autonomous region without considering that there are different health situations in different provinces and municipalities. Moreover, not all places have the same number of contagions, and some areas have evolved more positively than others.

According to Eldiario.es, in the opinion of the Andalusian high court, the measure “is neither suitable nor proportionate for the achievement of the intended purpose, that is, the protection of life, health and physical integrity, to the extent that, far from avoiding contagions inside leisure premises, it can make them possible, which is why it cannot be ratified by this Chamber.”

In its ruling, the TSJA explains that presenting a negative test—PCR or antigen—does not guarantee that contagions will be avoided inside the premises. It added the test is only proof that “at the time of its realization they were not carriers of the active virus, and not that they enjoy any immunization against it.”

In addition, argued the TSJA, the Junta de Andalucía raised the measure indefinitely “and with a vocation of permanence, without knowing what criteria will be followed to leave it without effect or modify it” and without providing data indicating that leisure establishments are sources of infection.

Similarly, experts worldwide agree that COVID or CCP (Chinese Communist Party) virus vaccines do not guarantee immunity, but only prevent fatalities or hospitalizations of patients with pre-existing conditions.

In fact, in countries such as Israel, 90% of hospitalized patients with COVID are fully vaccinated, according to the director of Herzog Hospital.

According to a virologist from Ontario, Canada, who was interviewed by Fox News, vaccines cannot generate immunity because they are designed only to attack the viral spike protein and not the entire virus. So the virus only has to mutate the spike protein to re-infect a vaccinated person.

The virologist explains upon a virus infection that the autoimmunity generated by the human body results from the immune system developing antibodies—T cells—that attack the entire virus. Therefore, to re-infect a person who has recovered from the virus, the virus has to mutate completely.

Precedent-setting rulings

The executive appealed the decision arguing that the ruling prevents the executive from applying a health mitigation measure and “sets a doctrine that may be seriously harmful to the general interest.”

The case reached the Vacation Chamber of the High Court, the last judicial instance, which on Aug. 18 upheld the TSJA ruling, rejecting the implementation of the COVID passport in Andalusia.

According to elmundo.es, the Spanish judiciary has denied COVID passports to four autonomous regions, including Andalusia, Galicia, Cantabria, and the Canary Islands.

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