Castilla-La Mancha Supreme Court denies request for mandatory Covid checks on nursing home staff

Castilla-La Mancha Supreme Court denies request for mandatory Covid checks on nursing home staff. image: wikimedia

Judges in the Castilla-La Mancha Supreme Court have denied the request for mandatory Covid checks to be carried out on nursing home staff

The Supreme Court of Castilla-La Mancha has denied the decision requested by the Junta de Castilla-La Mancha that had asked to impose the mandatory measure for all workers in nursing homes in that region to undergo periodic diagnostic tests for Covid-19.

According to the magistrates, they informed the autonomous community that its proposal did not contain sufficient and clear information to enable the court to make a proportionality judgment on a measure that affects a person’s fundamental personal privacy rights when asking for the measure to be mandatory.

“it is not alien to the institutional concern to arbitrate all those measures that are essential to face the devastating effects of the pandemic”, said the court, but added that, “however, the jurisprudence already consolidated by the Contentious-Administrative Chamber, the established normative insufficiency that conditions the interpretative process, and, above all, the importance of the proportionality judgment ruling out any doubt about the legal viability of the proposed measures, affect the outcome of our resolution”.

Measures must be reasoned and proportionate, pointed out the magistrates, but that should not be an obstacle “for the promotion of these measures and their generalised recommendation to contribute to the reasonable precautionary objective”.

Their final decision ratified that workers cannot be forced to do periodic tests, but neither can those who enter or re-enter residences, the high court also rejects that people who present symptoms of possibly having Covid can not be subjected to isolation until carrying out the necessary tests, as reported by cadenaser.com.

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Written by

Chris King

Originally from Wales, Chris spent years on the Costa del Sol before moving to the Algarve where he is a web reporter for The Euro Weekly News covering international and Spanish national news. Got a news story you want to share? Then get in touch at [email protected]

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