Page Nav

HIDE

Pages

Breaking News:

latest

Ads Place

Anti-vaccine groups expose workers to sanctions and firings for refusing doses

  A worker asks the lawyer if she can refrain from saying that she is vaccinated. He replies: "Yes, keep on acting like that, you als...

 


A worker asks the lawyer if she can refrain from saying that she is vaccinated. He replies: "Yes, keep on acting like that, you also have to go through an administrative procedure (...) and you already know how you have to act, you have to go and file a lawsuit on your side as well".

 

Another woman asks about the public sector. "In the civil service there is that advantage: they tell you 'get vaccinated' and you say 'no, I don't get vaccinated' and the administrative procedure continues and it is slow (...) you have to wait for the release of the facts, give the proof that we have been offering and file the litigation on your own behalf", the lawyer answers.

 

The legal advice given in social networks by groups of citizens opposed to the mandatory vaccination against covid-19, puts both public and private sector workers at risk of sanctions and even dismissal because the legal framework, starting from article 66 of the Political Constitution, establishes that "all employers must adopt in their companies the necessary measures for occupational health and safety".

 

This is stated by labor lawyer Marco Durante Calvo, of the BDS Asesores consortium, who indicates that "there are enough rules that allow the Government to order vaccination as mandatory", so whoever refuses, is exposed to sanction or dismissal. The specialist described them:

 

1. Civil Code of 1887. Article 46 states that any person may refuse a medical examination or treatment, "with the exception of cases of compulsory vaccination".

 

2. General Health Law. Article 150 states: "Vaccination and revaccination against communicable diseases determined by the Ministry of Health are compulsory".

 

3. National Vaccination Law. Article 3 states: "Vaccinations against diseases are mandatory when deemed necessary by the National Commission of Vaccination and Epidemiology".

 

4. Regulation of the National Vaccination Law. Included covid-19 as mandatory within the vaccination schedule.

 

Based on these four regulations, what happens if a worker opposes vaccination? "You commit an infraction to the public health norms and this infraction entails a fine for violating health norms. This is what we understand as a violation of a sanitary order," explained Durante.

 

He added that he is aware of at least 15 pronouncements of the IV Chamber in which the power of the State to force vaccination is validated. "There are very clear votes of the Chamber where it has said that the National Vaccination Commission is the competent organ to issue the order and that only against medical indication it can be obviated. It has also said that conscientious objection is not valid".

 

As of Friday, October 15, the mandatory vaccination began to be enforced in the public sector and for those employees of the private sector whose employers order this requirement. In the case of civil servants, the Government will apply a fine of ¢462,000 to those who do not get vaccinated and warned that they will be prosecuted.

 

These are "Costa Rica Libertad y Vida", which has a history of misinformation in social networks, and the "Movimiento por la Salud y la Libertad", which invaded the Ministry of Health on Friday, October 15, after being received by the Ombudsman, Catalina Crespo.

 

The groups create Facebook pages and chats in channels such as Telegram to share information against vaccination.

 

They are financed mainly through donations from people who follow them through these digital spaces. Ana Priscilla Murillo, one of the leaders, says that both groups are "united in the same cause". She confirmed to La Nación that they recently registered the "Asociación Profesionales por la Verdad Científica", in order to "have legal representation and be able to bring different legal processes" against covid-19 vaccination.

 

Murillo also confirmed that a lawyer identified as Fernando Rottier Salguero is participating in these legal processes. The same ratified Minor Alberto Villalobos, who manages donations for the cause. That name is the one that appears in a recording of public access where, in a virtual meeting, on October 7, he gave advice to officials who refuse the vaccine. The video is in the Telegram group chat "Advisory support NO mandatory vaccine".

 

Fernando Rottier appears as administrator of two Telegram group chats where advice is given to those who refuse vaccination. Photo: Screenshot.

 

However, the speaker acknowledges on camera that the processes they have filed against mandatory inoculation have not materialized or have been rejected.

 

Although the group asks for donations in exchange for templates of documents so that workers can supposedly avoid the doses, the same members comment that such texts have not worked for them and that even the medical authorities have explained to them that they are not valid.

 

Even so, the man appearing on camera invites individuals to use the machotes. "We appreciate that there is no trafficking of the writings on our part because the idea is that each one of you is given the writing and you collaborate with the association, right, that's the idea," he said.

 

La Nación tried to talk to him, but he affirmed that he was not going to answer "anything" because of his "professional secrecy". "I don't want to and I am not obliged (to answer questions). Nothing else, just keep me out of this show, don't put my name or link me to you or any media, period. Stay away and that's it," he exclaimed.

 

"Why 'stay away'?" he was asked, to which he replied, "Are we clear yes or no? You do not have a right of primacy over me. Pay attention to me: it is not because you decide to make a note that includes my name because other people told you, that you have the right to do it. Not even because you call me on the phone do you have the right to do so (...) Who do you think you are dealing with?

No comments

Publicidad