Mandelblit authorized it to impose restrictions on the non-vaccinated

Posted on Dec 25, 2021 by Ifi Reporter - Dan Bielski

Attorney General Avichai Mandelblit authorized it to impose restrictions on the non-vaccinated with the aim of encouraging immunization - regardless of the epidemiological effectiveness expected from those restrictions or the level of morbidity. In light of the opinion, Prime Minister Naftali Bennett and Health Minister Nitzan Horowitz are considering bringing to the government's approval a series of proposals aimed at tightening restrictions on the unvaccinated.
Legal sources who spoke with Haaretz have demarcated the limits of freedom of action that the government will allow: it will be able to obtain legal approval for measures that will restrict the unvaccinated in non-essential commercial and leisure places, but it will not be able to impose a full closure only on those who have not been vaccinated. At the same time, there will be no limit on grants that the government can give to vaccinators.
To date, the Attorney General has not authorized the government to take actions whose entire purpose is to encourage immunization without epidemiological justification: neither in providing benefits to vaccinated nor in worsening the conditions of non-vaccinated. Before making any decision to tighten restrictions - both in the Netanyahu government and in the Bennett government - representatives of the Attorney General sought a professional opinion from the Ministry of Health on the epidemiological effectiveness expected from the decision. Only after such an opinion was received, the decision was approved. The opinions were used by the state in the many petitions filed in the High Court against the various corona regulations.
It is not certain that the new policy will stand the test of the High Court, but the ombudsman will be willing to defend decisions made in this way. One of the main reasons for the ombudsman's policy change is similar changes in the world: more and more European countries are restricting the steps of the non-vaccinated, especially in the face of the omicron outbreak: the highly contagious nature of the variant further increases the risk of infection among non-vaccinated.


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