Businesses should no longer require a vaccination certificate
Members of the organization Humano Consciente celebrated this determination of a judge, as they consider that the rights of Mazatlecos who have not wanted or been able to get vaccinated were being violated
As of Friday, three district judges had approved more than 360 appeals to the same number of people who have requested it not to present their vaccination certificate to businesses in the port of Mazatlán, considering that human rights are violated for the access to public spaces, reported José Guadalupe Morales Carrillo.
The lawyer of the Conscious Human group explained that this is intended for the plaintiffs to be able to freely access essential shops, because for some personal or health reason they have not been able to apply the vaccine, especially since there is no support legal or constitutional so that Mayor Luis Guillermo Benítez Torres order to demand the vaccination document.
“They are totally granting the suspension so that the person has a document and with that he can enter, there are people who have already had to show it, very few by the way, fortunately the merchants I think they were advised in that sense, they know that this document has a value and there has been no problem ”.
He mentioned that Oscar Loza Ochoa, delegate of the State Human Rights Commission issued a recommendation to the municipal presidents of both Mazatlán and Culiacán, to withdraw the measure.
However, the position of Mayor Benítez Torres is to maintain it while it’s under review, meanwhile, proof of vaccination document can be requested in mainly entertainment businesses.
María de Lourdes Sanjuan Gallardo celebrated the fact that the ECHR urged the legislature to discuss the matter and mandated that this measure is illegal, since there is no place to implement these arbitrary forms, and reported that as of this Friday it will be determined to allow all people to be vaccinated or not, they will be able to enter essential shops.
“The suspension was already granted today, that is, if we are going to be able to enter as of today, that is, right now, no business should have that document issued by the president attached, that from the start, but in a discretionary way they put that places of entertainment no ”.
From a ‘sit-in’ in front of the Municipal Palace, where citizens who passed through the place were informed about the work carried out and invited to come in case of having any disagreement, he mentioned that this is the beginning of the fight against the mayor’s determination, willing to go to federal and international authorities, to point out that various human rights of Mazatlecos are being violated
Why did the judge grant suspension against “Chemical Law” and vaccine certificates? This argues
As it transpired, the Eighth District Judge grants definitive suspension and warns of penalties to businesses that require it, but leaves the measure safe in certain spaces
Considering that it violates the Constitution, demand proof of vaccination to enter shops and offices of first necessity, as ordered by the mayor of Mazatlán, the Eighth District Judge Juan Antonio Gutiérrez Gaitán resolved and granted the definitive suspension to the lawyer David Cristóbal Álvarez, who filed a claim for protection against the prohibition ordered by Luis Guillemo Benítez Torres.
According to the information, the Judge considered that there are other sanitary measures to contain the infections, for which he established that “the prohibition to enter certain places for people who are not vaccinated is not a preponderant factor to avoid the spread of the virus ”.
The judge also considered that the ban is intended to contribute to the general interest of society, reducing the spread of the virus. However, there is disproportionality to the extent that it prohibits access to any place to people who do not have a vaccination certificate, which includes, of course, those establishments destined to basic goods such as food, clothing, services, hospitals, pharmacies.
The measure generates a disproportion between the degree of achievement of the aim pursued -reducing contagions, the judge argues against the affectation caused to citizens.
Therefore, since there was no legal, less constitutional basis, the judge granted the definitive suspension requested by the complainant David Cristóbal Álvarez Bernal “so that he is not prohibited from accessing because he does not have his vaccination certificate against COVID-19, only and exclusively to those places destined to satisfy essential and basic goods such as food, including restaurants, clothing, education, housing, public services, water, electricity, telephone, civil registry, public registry, hospitals, pharmacies, ventilated parks and in general the satisfiers of the rights contemplated in the fourth article of the Constitution ”.
But he clarifies that the suspension will not take effect in places of leisure and social recreation, as they are; venues for professional or non-professional sporting events, cinemas, theaters, non-essential items trading establishments, party halls; in general, any place where essential services are not sold or provided.
The judge considered these exceptions, respecting personal convictions not to be vaccinated, but also protecting the social interest before personal benefit to minimize the risk of damage to public health as long as they are not basic or fundamental satisfactors.
And it warns: in order to ensure greater effectiveness of the precautionary measure decreed, it is made known to the private owners of shops, shopping malls, markets and other establishments, including public offices, on whom the responsible authority imposed the obligation to demand that the attendees the presentation of a certificate or proof of vaccination, which are constrained to comply with this judicial determination that grants the suspension of the act claimed in favor of the complaining party, under warning that if not to do so, it will proceed in terms of the provisions of the articles 262 third section of the Amparo Law and 215 of the Federal Penal Code that provide and punish respectively the crime of violation of suspension.
From this information that emerged on Friday afternoon, the version of Mayor Luis Guillermo Benítez Torres was sought, but there was no response.
While from the Social Communication area of the City Council, Sergio Rubio said that they do not have any notification in this regard, given the measure ordered by the Judge at the disposition marked earlier this month by Mayor Luis Guillermo Benítez Torres in favor of the health of the Mazatlecos.