The requirement to meet the PCT condition for access to goods, services and the exercise of certain rights and benefits is not discriminatory against unvaccinated people who could be vaccinated but have not been vaccinated, according to the proponent of the principle of equality. Discrimination means treating someone worse because of their personal circumstances, which they did not choose for themselves, and vaccination is a choice, he says.
Proponent of equality Miha Lobnik also emphasises that goods and services that can be accessed only if the PCT condition is met, are available not only to vaccinated persons and patients, but also to other persons, if they submit a negative test for covid-19.
As the advocate reminded in today’s press release, the Trade Union of Hospitality and Tourism Workers of Slovenia in a letter on August 9th claimed discrimination against unvaccinated workers due to the obligation to meet the PCT condition.
An advocate of the principle of equality weighed in his assessment whether vaccination could be considered a personal circumstance under the Protection against Discrimination Act. It stipulates that discrimination is any unequal treatment of persons on the basis of their personal circumstances. It explicitly determines gender, skin colour, nationality or ethnic origin, language, religion or belief, disability, age, sexual orientation, gender identity and sexual expression, social status, wealth and education. Furthermore, he states that discrimination is also prohibited on the basis of any other personal circumstance. So far, the advocate has recognised pregnancy, parenthood, health status, citizenship and place of residence as such.
According to his estimates, (non-)vaccination is not such a personal circumstance. He reminded that vaccination has been available free of charge to all residents over the age of 12 for several months now, and (non-)vaccinations could be considered a personal circumstance at a time when the vaccine was only available to selected social groups.
He also explained that the requirements for vaccination in access to goods, services and the use of other rights and benefits could potentially discriminate against persons who should not be vaccinated for health reasons – but access to these persons is possible by submitting a negative test for covid -19, and testing will be free for them even after August 23rd, when it will become payable for everyone else.
According to him, a possible exception to the lawyer’s finding could apply to people who do not want to be vaccinated for reasons of religion or worldview as the equivalent of religion, reports STA.
The advocate further clarified that the requirements for fulfilling the PCT condition in different sectors of the economy cannot be discrimination, as even in which industry an individual is employed is not a personal circumstance. Like vaccination, an individual’s employment depends on his or her choice and can be changed.
Such unequal treatment of people according to whether they are vaccinated or not cannot be discrimination, the advocate believes.