/*-->*/ With the judgment n.32171 of 16 December 2021, the Indian Supreme Court also found itself having to face the regulation of paternal visits to the minor of separated parents who live in different regions, authorizing the father to travel and go to the child on his birthday during the Christmas holidays, as long as he tested negative for the detection of covid-19.
The German Constitutional Court, with the judgment n. BvR 1541/20, issued on December 16 2021, has ruled that the german Legislator has a duty to act to protect people with disabilities during the pandemic.
The United States Court of Appeals for the District of Columbia Circuit on the order to wear face masks at airports. The appellant is a frequent flyer. He challenged the TSA's (Transportation Security Administration) regulations concerning the requirement to wear face masks on board aircraft, arguing that the TSA did not have the power to impose such requirements.
On 21 December 2021, the Croatian Constitutional Court ruled in three separate cases on the need for the relevant authorities to publish reasoning for epidemiological measures, and on the legitimacy of COVID certificates for employees of healthcare and social welfare institutions.
The GPN is pleased to announce the closing of the first Volume of "Legal Policy and Pandemics. The Journal of the Global Pandemic Network" which will be published on 4 January (online and in print).
The Labor Court in Nairobi, with a judgment issued on December 10th 2021, dismissed the appeal filed by the University Student Workers Union against KAG EAST AFRICA, a private university, under the Labor Act, No. 11 of 2007.
The court of appeal upheld the first instance judgment, which had denied compassionate release for the appellant.
The Supreme Court in a judgment of December 13, 2021, upheld the appeal filed by a detainee subject to a European Arrest Warrant (EAW) against the judgment of the Court of Appeal issued on February 10, 2021, which postponed the delivery of the appellant to Lithuania.
The Catalan Court confirms the appropriateness of governmental measures for the fight against the spread of the omicron variant, in times of holidays when crowding of people, social interaction, difficulty of maintaining social distance with masks, etc., can generate a greater risk of infection by the relaxation of some precautions.
The applicants are the daughters of a man who died of covid transmitted to him by his wife, who contracted it at work due to unsafe working conditions. The applicants claim compensation from their mother's employer, a company producing sweets, although their father was not an employee of the company.
With an interim decision of the beginning of December 2021, the Supreme Court of Justice of the Nation (SCJN) suspended a resolution issued by the National Institute for Transparency, Access to Information and Data Protection (INAI), which had ordered the disclosure of information on the receipt of batches, administration and current status of COVID-19 vaccines.
In a decision dated 13.12.2021, the Supreme Court of Chile upheld an appeal filed by several ministers of religion who had been sanctioned for celebrating the religious ceremonies in breach of the restrictive measures enacted on account of the Covid 19 pandemic.
The Court of Appeal has ruled in a case between Moderna and Arbutus Biopharma Corporation concerning the use by Moderna of an invention for the composition of vaccines against Covid 19. In particular, Arbutus' US patents No. 8,058,069 and No. 9,364,435, which cover a composition based on lipid nanoparticle (LNP) technology that carries loads of nucleic acid to enable the human body to produce its own therapeutic proteins, were allegedly infringed.
The Federal Constitutional Court of Germany by decision of December 6, 2021, in 2 BvR 2164/21, rejected the interlocutory appeal filed by some members of parliament for the suspension of the regulation Covid-19 issued by the Land of Berlin, which imposed on anyone who goes to Berlin, or stays in a hotel or other accommodation, compliance with the rule of so-called 2G, which is to be either healed or vaccinated.
On November 5, 2021, OSHA issued a temporary emergency standard (ETS or the standard) to protect employees’ health by mitigating the spread of this historically unprecedented workplace virus.
The Italian Council of State with the judgment n. 8454 on 16 December 2021, rejects a claim by a doctor seeking exemption from vaccination for health related reasons.
The Supreme Court, with the judgment dated December 17, 2021 No. 1805/2021 in W.P.(C) No. 539/2021, ordered 10 States of the Indian Union (Andhra Pradesh, Assam, Bihar, Gujarat, Jammu and Kashmir, Madhya Pradesh, Punjab, West Bengal) to provide for the payment of ex-para compensation to families affected by the loss of family members due to Covid-19.
In a decision issued on December 9, 2021, the Administrative Court of Tapei upheld the legality of a fine for violation of Art.15 of the "Special Law for Prevention, Relief and Revitalization Measures for Severe Pneumonia with New Pathogens".
The Council of State with judgment no. 252.470 of December 17, 2021, rejected the precautionary petition filed by operators of indoor playgrounds for the suspension of the government measure of December 2021 (B.S. 29 October 2021, entry into force 29 October 2021 amended by the Royal Decrees of November 19, 2021, November 27, 2021 and December 4, 202) imposing their closure due to an increase in contagions.
In a ruling dated 12.11.2021, the Constitutional Chamber of the Supreme Court of Justice of Costa Rica declared inadmissible the appeal for constitutional protection (recurso de amparo) filed by a public official against the national legislation imposing mandatory vaccination against Covid-19.
The applicants, incorporated societies representing certain doctors and teachers respectively applied to the High Court for judicial review of the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) that prevents persons in certain work sectors from working unless they are either vaccinated or exempt from vaccination.
The President of the European Court of First Instance, in cases T-710/21 R Roos and others v. Parliament and T-711/21 R ID and others v. Parliament, dismissed on the merits the appeal filed by certain MEPs against the requirement to present a green pass to access the institutional premises of the European Parliament established by the Bureau of European Parliament.
In a judgment dated 10.12.2021, the Supreme Court of Chile confirmed the decision no. Rol 10673-2021, dated 25.11.2021, of the Court of Antofagasta, which had dismissed a claim filed by a company employee.
The Covid-19 Litigation Project was presented within the framework of the 10th Global Conference on Health Promotion, organized by World Health Organization from 13 to 15 December 2021.
The Constitutional Court, with the judgment No. UI No.210/21, dated November 29, 2021 and published on December 6, 2021, upheld the appeal filed by some public employees against the article RS, No.147 /21, 149/21, 152/21, 155/21, 170/21 and 171/21 of the government decree.
With an interim decision of 11.12.2021, a justice of the Supreme Federal Court of Brazil ruled that all travellers arriving in Brazil must present proof of vaccination against covid-19 to enter the country, except those coming from a country where no vaccine is available and those who are prevented from vaccination on account of health reasons. The decision will be reviewed by the full panel of Supreme Federal Court justices by the end of December 2021.
With a judgment of 7.12.2021, the Supreme Court of Argentina dismissed an appeal filed by a plaintiff who had requested that the extraordinary appeal filed by his counterparty be declared time-barred.
The Supreme Court Chief Justice John Roberts Jr has rejected a request to stay the current federal mandate that requires people to wear face masks at all airports and on planes.
An interim relief judge of the French Council of State rejected the claims of individuals and associations challenging the new rules for purposes of obtaining a health pass. These rules have established a reduction of the validity of COVID-19 tests to 24 hours and mandatory booster vaccination for people aged 65 or older, between 5 and 7 months after the last jab.
By judgment no. 213/2021, the Italian Constitutional Court rejected the claim that the extended suspension of the enforcement proceedings against lessees, introduced by law-decrees in December 2020 and then in March 2021, was unconstitutional.
By judgment No. HCJ 8196/21, dated December 2, 2021, the Supreme Court of Israel rejected the claim filed by the Association for Civil Rights in Israel aimed at repealing a temporary Government’s order allowing the Israel Security Agency (Shin Bet) to geolocate individuals through mobile phone tracing systems.
With a judgment of 30.11.2021, published on 1.12.2021, the Supreme Court of Spain (Tribunal Supremo) quashed a previous judgment of the Basque High Court (TSJPV) and upheld the use of the covid passport (green pass) in the Basque Country to access bars, restaurants, and recreational facilities.
In a judgment of 1.12.2021, the Constitutional Court of Ecuador examined the constitutionality in concreto of an interpretative provision of the Labor Code contained in the “Organic Law of Humanitarian Support for the Fight against the Health Crisis derived from COVID-19”, published on 22.6.2020.
With an interim decision of 14.12.2021, the High Court of Kenya suspended a regulation issued by the Ministry of Health in November 2021, according to which, from 21.12.2021, anyone seeking government services would require to provide evidence of full Covid-19 vaccination.
With decision no. 1 BvR 971/21, 1069/21, of 19.11.2021, the Federal Constitutional Court considered legitimate the school’s closures ordered by the Federal Government within the "Federal Emergency Brake" with effects from 22.4.2021 to 20.6.2021 aimed at protecting the population from infection by Sars Cov 19.
The Supreme Court on Monday directed States to take immediate steps to identify and rescue homeless children hit by the COVID-19 pandemic.
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