The passage on the obligation for health professionals
With specific reference to the obligation imposed on health professionals and health professionals, “the introduction of such an obligation – the document reads – was justified by the observation that the vaccination of these categories of workers, together with to other collective and individual protection measures for the prevention of the transmission of infectious agents in healthcare facilities and professional offices, has multiple values: it allows the operator to be safeguarded from the occupational infectious risk, helps protect patients from contagion in the care environment and serves to defend the operation of health services, guaranteeing the quality of the services provided, and contributes to pursuing public health objectives ”.
Homogeneous measures throughout the national territory
And here is a further reference to the Consulta: “In this regard, the Constitutional Court has made it clear that the right of the person to be treated effectively, according to the canons of medical science and art, must be guaranteed in conditions of equality throughout the country, through a general state legislation based on the guidelines shared by the national and international scientific community (sentences n. 169 of 2017, n. 338 of 2003 and no. 282 of 2002). This principle – it continues – is valid not only for the choices aimed at limiting or prohibiting certain health treatments, but also for the imposition of the same. Furthermore, prophylaxis for the prevention of the spread of infectious diseases necessarily requires the adoption of homogeneous measures throughout the national territory (see Constitutional Court, sentence no. 5 of 2018)».
State Council, legitimate vaccine obligation for health professionals
Finally, the explanatory report refers to the Council of State, which «with the sentence no. 7045 of 20 October 2021, rejected all the complaints presented with collective appeal by some health professions and health care workers of the Autonomous Region of Friuli Venezia Giulia, not yet subjected to mandatory vaccination against the Sars-CoV-2 virus. The highest body of administrative justice observed (point 31.1) that “the compulsory selective vaccination introduced by art. 4 of Legislative Decree no. 44 of 2021 for medical personnel and, more generally, of health interest responds to a clear purpose of protecting not only – and above all – this personnel in the workplace and, therefore, for the benefit of the person, according to the aforementioned principle personalist, but to protect the patients themselves and the users of health, public and private, according to the aforementioned principle of solidarity, which also animates the Constitution, and more particularly the most fragile categories and the most vulnerable subjects (for the existence of previous morbidities, even serious ones, such as tumors or heart disease, or due to advanced age), which are in need of care and assistance, often urgent, and for this reason they are frequently or continuously in contact with health or social health personnel in the places of care and assistance “.