'Curtailment of fundamental rights of non-vaccinated people is limited'
Prof. Janneke Gerards in NRC:
On September 14, 2021, Prime Minister Mark Rutte and Minister Hugo de Jonge held yet another corona press conference to explain, this time, the measures in force as of September 25. The most discussed measure was the so-called coronapas: a proof of vaccination, recovery or a negative test result. The pass is required for access to hospitality, events, and at displays of art and culture. Professor of Fundamental Rights Janneke Gerards responds in the NRC to the commotion. To what extent does the coronapas violate our fundamental rights?
Janneke Gerards argued that the curtailment of fundamental rights is limited. The measure has a clear purpose: to prevent too many people from ending up in IC's when fall arrives. Unvaccinated people are more likely to get Covid-19, and also to end up in the IC. In that case, it is justified to ask that group for a negative test certificate before entering crowded places. While it cannot be completely ruled out that without this measure, the unvaccinated will lead to a flood on the IC's, the need for the coronapas is plausible given our past experience with the virus.
Still, it does mean that there is a slight curtailment of fundamental rights; unvaccinated people get less freedom of movement. On the other hand, physical integrity will be preserved, tests will be accessible and free of charge for the time being, and access to essential facilities will not require a coronapas. The restriction of freedom is proportionate given the necessity of this measure, according to Janneke Gerards.