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Breaking News and Announcements

Breaking News and Announcements

11 February 2022 / Case law
Mexico - Court allows request of 14 years old minor to be vaccinated against COVID-19
On 4 February 2022, the First Collegiate Court of the Twenty-Fourth Circuit (thesis XXIV.1o.1 K (11a.), complaint 582/2021) determined that it is appropriate to grant the precautionary measure against the omission to apply the vaccine against COVID-19, to a minor (14 years old) without any comorbidity, to guarantee its right to health and his superior interest, without causing damage to the social interest or contravening public order provisions.
11 February 2022 / Case law
Belgium – Constitutional Court rejects new request for suspension of COVID health pass rules
On 3 February 2022, the Belgian Constitutional Court rejected a new request for suspension of the federated entities’ decrees assenting to the cooperation agreement between them, concerning the processing of data related to the EU digital COVID certificate and the COVID Safe Ticket (to access certain places), the Passenger Locator Form and the processing of personal data of employees and self-employed persons living or residing abroad who carry out activities in Belgium.
10 February 2022 / Case law
Costa Rica – Constitutional Court: hospitals must ensure that everyone receives the necessary medical treatment, despite Coronavirus
By decision no. 02335-2022 of 28 January 2022, the Court found that, despite current exceptional circumstances, the Social Security Fund and the hospital authorities are always required to implement all the necessary measures as to protect people’s health, in light of the principles of universality, efficiency, continuity and equality.
9 February 2022 / Case law
New Zealand – High Court dismisses request for interim measures seeking to halt the vaccine roll-out to children
By judgment of 1 February 2022 (no. CIV-2022-485-13 [2022] NZHC 67)], the High Court of New Zealand dismissed the application of parents seeking judicial review of the authorization granted to Pfizer's pediatric vaccine.
9 February 2022 / Case law
Germany – Courts dismiss challenges to 2G rule for non-essential shopping: either recovered or fully vaccinated
On 24 January 2022, the High Administrative Court of Thüringen (3 EN 804/21) dismissed a challenge to the so-called “2G rule” imposed in the German state for non-essential shopping, according to which only people who have recovered from COVID-19 or have been fully vaccinated can access such premises.
9 February 2022 / Case law
Costa Rica – Supreme Tribunal of Elections: person affected by Covid-19 shall not be prevented from voting
On 11 January 2022, the Supreme Tribunal of Elections (no. 0208-E8-2022) found that, in accordance with articles 90, 91 and 93 of the Constitution and article 23 of the American Convention on Human Rights, a person affected by COVID-19 or having symptoms shall not be prevented from exercising his/her fundamental right to vote in national elections.
8 February 2022 / Case law
Argentina - Court recalls separation of powers in challenge to Covid-19 Sanitary Pass
According to La Plata Federal Chamber of Appeals in a judgment of 26 January 2022, the habeas corpus presented by a couple in order to exempt them from presenting the Sanitary Pass is rejected, recalling the importance of the separation of powers.
8 February 2022
Spain – Madrid court orders insurer to compensate family of doctor who died of Covid
After a surgeon (director of a hospital in Madrid) died of Covid at the beginning of the pandemic, his relatives requested his insurance company to compensate their loss based on his accident insurance policy. Following litigation with the insurance company, the 97th Court of First Instance of Madrid ordered the insurance company to compensate the family €150,000.
7 February 2022 / Case law
USA – Federal court on the Biden Administration’s vaccine mandate for federal workers
In response to the COVID-19 pandemic, the Biden Administration put out four mandates requiring vaccination in various contexts. On 13 January 2022, the Supreme Court ruled on challenges to two of those mandates, suspending the OSHA vaccine mandate for large employers and upholding the vaccine mandate for healthcare workers.
7 February 2022 / Case law
Chile – The use of remote hearings in criminal trials violates the rights of due process
By judgment of 18 January 2022 (rol no. 11.475-2021), the Constitutional Court declared that the use of remote hearings hinders the principles of orality, immediacy and publicity, thus constituting a violation of the rights of due process.
7 February 2022 / Case law
Czech Republic – Supreme Administrative Court annuls 2G rule to access restaurants, hotels, and other places
On 2 February 2022, the Czech Supreme Administrative Court annulled the government measure imposing the so-called “2G rule” to access restaurants, hotels, and other places, according to which only people who have recovered from COVID-19 or have been fully vaccinated can access such premises.
4 February 2022 / Case law
India - Kerala High Court bans public meetings of more than 50 people in Kasargod
On 21 January 2022, the Kerala High Court banned public assembly of more than 50 people in the city of Kasargod.
4 February 2022 / Case law
Chile – The Supreme Court on the violation of curfew hours
By judgment of 27 August 2021, the Oral Criminal Tribunal of Santiago found a man guilty of the crime of infraction under article 318 of the criminal code, on the grounds that he was arrested at a supermarket’s parking lot during curfew hours, thus posing a risk to public health. However, the Supreme Court of Chile upheld the man's appeal.
4 February 2022 / Case law
Malawi – The High Court dismissed an appeal against the mandatory nature of the vaccine
On 13 January 2022, the High Court of Lilongwe dismissed a challenge to the government's intention to implement mandatory vaccines against COVID-19.
2 February 2022 / Case law
Spain – Valencia Health Ministry to compensate healthcare workers for failing to provide protective equipment
On 7 January 2022, an Alicante first instance labor court (n°5) ordered the Health Ministry of the Valencia Autonomous Community to compensate healthcare workers that had worked without adequate protective equipment during the first months of the COVID-19 pandemic.
2 February 2022 / Case law
Kenya – The High Court rejects a prisoner’s appeal claiming fundamental rights violations
The High Court of Kenya, Constitutional and Human Rights Division, in Nairobi, with a judgment of 27 January 2022, rejected the constitutional petition E308 for the absence of evidence, presented for the violation of the constitutional rules relating to the protection of fundamental rights guaranteed by the Constitution for the unlawful arrest and subsequent detention, torture, inhuman and degrading treatment inflicted on him by the defendants during his detention.
2 February 2022 / Case law
Costa Rica – The Supreme Electoral Court finds the ban on public electoral rallies legitimate
By resolution of 3 January 2022 (no. 300), the Cuerpo Nacional de Delegados (CND) revoked the authorization previously granted to a political party to organize a public rally in view of the national elections of 6 February 2022.
31 January 2022 / Case law
The Netherlands – The Hague District Court rejects claims that omicron lockdown was illegal
The Government of the Netherlands had decided to implement a complete lockdown on 19 December 2021 to stop the spread of the omicron variant of the coronavirus. The claimants had asked the District Court of the Hague to suspend or annul the lockdown and that the Government re-installs the measures which applied before December 19, 2021, which was called a night lockdown.
31 January 2022 / Case law
Argentina – Buenos Aires Supreme Court validates legality of vaccination pass to Access certain public activities
By decision of 28 December 2021 (fallo no. RR-1064-2021), the Supreme Court of Buenos Aires dismissed a request for interim measures filed by several claimants against Joint Decision no. 460/21 by the Cabinet of Ministers and the Ministry of Public Health.
31 January 2022 / Case law
USA – Federal court holds that inmates who refuse to be vaccinated against COVID-19 cannot rely on the pandemic to obtain compassionate release
By judgment No. 21-5692 of 11 January 2022, the Court of Appeals for the Sixth Circuit rejected the appeal filed by a federal prisoner against the decision of the District Court for the Western District of Tennessee that had denied his motion for compassionate release because, inter alia, he had refused the opportunity to be vaccinated with the Pfizer COVID-19 vaccine.
28 January 2022 / Case law
Belgium – Constitutional Court dismisses action for suspension of Belgian rules regarding the health pass to access places and events
Five individuals and an association challenged the Belgian rules for the use of the health pass to access certain places (e.g., restaurants and cafés) or events in the context of the pandemic before the Constitutional Court.
28 January 2022 / Case law
USA – US federal court on school district’s mask policy, distance learning, and impact for students with disabilities
On 8 December 2021, the North Allegheny School District School Board voted to replace a previous universal masking policy with an optional masking policy which would have gone into effect on 18 January 2022.
26 January 2022 / Case law
Kenya – The Supreme Court of Kenya legitimizes the continuing government curfew
In a judgment of 3 December 2021, the Supreme Court of Kenya rejected the appeal filed against a decision of the Nairobi Court of Appeal.
26 January 2022 / Case law
Italy – Italian administrative regional court suspended health authority's order to allow football players to play game
On 8 January 2022 the Italian first instance administrative court of Piemonte suspended the local health authority's order preventing the team Torino FC to play a football game (case n° 00016/2022).
26 January 2022 / Case law
USA – The US District Court for the Northern District of Texas on sanctions for Navy members who refused mandatory vaccines
With an order of 3 January 2022, the United States District Court for the Northern District of Texas, Fort Worth Division, granted a motion for Preliminary Injunction filed by 35 members of the Navy Special Warfare who had refused COVID-19 vaccination for religious reasons.
24 January 2022 / Case law
India – Bombay High Court confirms legality of test requirement for Mumbai Port Trust employees refusing to vaccinate
Imposing testing for port employees is legal, according to the Bombay High Court
24 January 2022 / Case law
France – Constitution Council allows the use of vaccination pass to access public places under certain conditions, but limits its requirement to attend political meetings
The French Constitutional Council confirmed the constitutionality of the vaccination pass, but limited the use of the ordinary health pass for political meetings, in the context of the French presidential campaign
24 January 2022 / Case law
Canada – Unvaccinated father temporarily denied the right of access to his child
The Superior Court of Québec temporarily suspended the right of access of a father to his child, over vaccination issues
21 January 2022 / Case law
Brazil – The Superior Court of Justice and the principle of separation of powers
The father of a 7-year-old girl seized the Superior Court of Justice with a request for interim measure (mandado de segurança no. 28312-DF 2021/0408539-1), seeking the authorization to vaccinate his daughter.
21 January 2022 / Case law
Australia - A high-profile unvaccinated individual on the State territory represents a risk to the Australian community
By judgment of 16 January 2022 (no. VID 18 of 2022), the Federal Court of Australia upheld the decision by the Minister for Immigration on 14 January 2022 to cancel a tennis player’s visa on the grounds that he was not vaccinated against COVID-19, that he previously disregarded precautionary measures against the virus, and that he publicly opposed vaccination.
21 January 2022 / Case law
USA – The Supreme Court on the vaccine mandate for healthcare workers
On 5.11.2021, the Secretary of Health and Human Services introduced a new interim condition of participation in the federal Medicare and Medicaid programs requiring participating facilities to ensure that their staff were vaccinated against covid-19 unless they qualify for a medical or religious exemption.
19 January 2022 / Case law
India - The Indian Supreme Court restores the extension of the limitation period
The Supreme Court of India, by order suo motu of January 7, 2022, in Re: Cognizance for Extension of Limitation, has reinstated the order extending the limitation period for the filing of cases and applications in court for the period from March 15 2020 to February 27, 2022, as the country is experiencing a resurgence of the infections of the COVID-19 virus such as to justify extraordinary measures.
19 January 2022 / Case law
France – French Council of State sets conditions for outdoors masks wearing
In a decision of 11 January 2022, the interim relief judge of the French Council of State rejected the challenge of an individual against the Prime Minister’s decision to instruct the Prefects (representatives of the State), competent to implement the obligation of outdoors masks wearing (decision n°460002).
19 January 2022 / Case law
Chile – The Court of Appeal of Santiago orders the Institute of Public Health to provide a citizen with copies of the clinical trials protocol for Covid-19 vaccines
By decision of 7 January 2022 (rol n. 377/2021), the Santiago Court of Appeal upheld the decision of the Chilean Transparency Council (CPLT) ordering the National Institute of Public Health (ISP) to provide a requesting citizen with copies of the clinical trial protocols of COVID-19 vaccines Sinova Biontech and Janssen Pharmaceutical.
17 January 2022 / Case law
Brazil – The Supreme Federal Court of Brazil on the proof of vaccination as a requirement for in-person teaching
By interim decision of 31 December 2021 (ADPF 756 TPI-Décima Segunda / DF), the Supreme Federal Court of Brazil suspended an administrative act adopted by the Ministry of Education on 29 December 2021 which prohibited Federal Educational Institutions from requiring proof of vaccination as a condition for resuming in-person teaching activities.
17 January 2022 / Case law
China- Serious prison fines for violating the Covid-19 prevention and treatment rules
Three people responsible for a cargo handling company in the port city of Dalian, Liaoning, have been condemned to prison terms of between 39 and 57 months for violating infectious disease prevention and treatment regulations, including not wearing face masks, for facts dating back to the end of 2020.

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