MODEL THAT SOCIAL PARTIES COULD FOLLOW FOR UPDATING THE SECURITY PROTOCOL (SAY) Rome, 1 apr. – “The decision of the Minister Cartabia on the obligation of vaccines for health professions and health professionals (art. 4 of the draft legislative decree approved yesterday in the Council of Ministers)
it must certainly be supported. “Thus Ciro Cafiero, labor lawyer.
“There are three reasons – he explains – The first is that the decision protects the right to health, of the individual worker (art. 2087 cc and legislative decree 81/2008) and of the community (in solidarity) in the sign of articles 2 and 32 of the Constitution. The second is that this obligation could be configured as a burden: an essential condition for the performance of certain work activities. As is the driving license. The sentence reminds us of this. 218 of 1994 of the Constitutional Court in relation to health treatments for HIV patients. The third is that, in compliance with the principle of self-determination of the person to health treatments, provided for in paragraph 2 of the same art. 32 of the Constitution, the workers who refuse the vaccine cannot be fired but used for different tasks (due to inability to perform tasks in contact with the public) or, where this is not possible, suspended from work without pay “. It is, he continues, “a choice that can give peace to the debate that has arisen in the world of work. And above all a model that the Social Partners could follow for updating the Protocol on Safety in the workplace ( anti contagion) “.