Coronapass: – Excludes the unvaccinated: – Not legal – Archyde

Last week it became clear that the government is considering introducing a corona pass for use at major events and restaurants in Norway.

They have asked both the National Institute for Public Health and the Norwegian Directorate of Health to consider concrete proposals on how this can be done in practice.

NIPH does not want to recommend the use of Corona passports, but recently it became clear that the Norwegian health authority does open to a new solution. They believe the best alternative is a so-called 2G solution, in which the unvaccinated have no way of testing themselves.

A Corona passport that distinguishes between the vaccinated and the unvaccinated in society.

– As of today it is not legal, at least not for more than a short time in connection with the reopening of society, law professor Hans Petter Graver tells the Dagbladet in an email.

– Stand completely free

According to the authorities, the main purpose of such a solution will be to protect the unvaccinated from contagion from large crowds.

Graver says the current law is based on a number of assumptions about compliance with the EU’s Corona Certificate and its use to protect against contagion.

– Protecting unvaccinated people from diseases is fundamentally different. In this case, the Storting must enact an appropriate law. Whether the Storting is free here or whether there are constitutional and human rights limits that they must respect is a complicated question, says the law professor at the Oslo School of Law.

He adds:

– I prefer the Storting to be fairly free, but I didn’t think the question through to the end.

CRITICAL: FHI Director General Camilla Stoltenberg to the Corona Pass 13 January 2022 Video: Vegard Krüger. Reporter: Frode Andresen.
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– Other purposes behind

When asked what he thinks of it The government is to be differentiated positively more between vaccinated and unvaccinated, Graver says he finds it difficult to see the rationale for such an approach.

– The health authorities say that it is not a measure suitable to limit the contagion. When the purpose is to reduce hospital admissions, it’s hard to understand why it’s so important to protect people under the age of 40 from contracting Covid-19, even if they’re unvaccinated, says the law professor, continuing:

– This can lead to the assumption that there are other purposes behind it, such as B. to make a contribution to vaccination pressure or curb an opinion directed against the unvaccinated.

The law professor’s criticism was submitted to the Department of Health and Care. State Secretary Karl Kristian Bekeng confirms to Dagbladet that the government believes that we in Norway should be open to distinguishing between vaccinated and unvaccinated in some contexts.

– It can make sense to relieve the majority of the vaccinated population of measures to protect unvaccinated people from serious illnesses and thus also to take into account the capacities in the health and care sector.

– A law in progress

According to the Secretary of State, the Norwegian Directorate of Health and the National Institute for Public Health have been tasked with examining concrete proposals on how the Corona certificate can be used at events and restaurants if the infection situation requires it.

– The Infection Protection Act provides the right to grant fully vaccinated persons exceptions to otherwise applicable infection protection measures such as event restrictions and drinking bans and to document this with a corona certificate. The prerequisite is that the infection control is justified, necessary and proportionate, says Bekeng in an email to Dagbladet.

– Law professor Graver says it’s not legal to exclude the unvaccinated from major events. Do you then have plans to introduce a law that allows this?

– The Norwegian Directorate of Health and the National Institute for Public Health are currently examining whether the professional basis for infection control will use the current legal basis for corona certificates to provide certain relief in the measures, says Bekeng.

He adds:

– In addition, legislative work is underway for a broader use of corona certificates in Germany. We’ll come back to that.

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