Home » The Council of State rejects the appeal of some teachers on the green pass

The Council of State rejects the appeal of some teachers on the green pass

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The green pass does not violate privacy, nor does it represent discrimination. These, in summary, are the reasons with which the State Council rejected the appeal of some teachers against the Ministry of Education for the obligation of the green certificate at school. In two separate decrees, the third Section, chaired by Franco Frattini, explains that “the alleged complaints of violations of privacy to the detriment of those who exhibit the green certificate issued after vaccination for electronic reading are contradicted by both the full implementation of the of the Privacy Guarantor in this regard, both from purely technical data and not contested with credible arguments, according to which reading with a dedicated app excludes any conservation or knowledge of the personal identity data, except for the verification of the authenticity of the green certificate, an essential element when they emerge more and more frequent cases of falsification and trading of false green certificates ».

The motivations

The administrative judges also deny the hypothesis of discrimination raised by the applicants. “It certainly appears disproved – we read – by the fact that the worker is enabled, if he does not intend to get vaccinated, to obtain the green certificate with different tests such as the rapid antigen”. The third point unhinged by the Council of State concerns the individual right to health. “It cannot have absolute value, when it is compared with the equal right of a community of people – in this case the students – whose ‘right to avert possible contagions’ prevails – explain the sentences – because it is the expression of a component of ‘public health‘ in the face of the teacher’s right, in any case not denied at all given the admissible alternative measures to the vaccine, and of an individual nature, moreover by those who have a specific and reinforced responsibility towards their students, which constitutes essential component of the function (if not mission) of every teacher ».

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The display of the green pass does not violate the Constitution

Today’s is not the only appeal rejected by administrative justice. Similar requests have already been rejected in the past. The latest, in chronological order, dates back to last week when the Lazio TAR confirmed the obligation of the staff to show the green pass at school as lawful. A request, contained in the law, which, the judges write, “does not conflict with constitutional principles”.

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