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Constitutionally permitted – and even required
Conferring benefits on vaccinated persons by means of a vaccine passport is a controversial issue. Alexander Stremitzer argues that governments are not only legally permitted to lift restrictions for those vaccinated, but may even be obligated to do so.
We are witnessing a fierce political and social debate about whether those who have had their Covid vaccine shots should be allowed to move more freely than unvaccinated people. Opponents of a vaccine passport or “green pass” system, which would ease restrictions on those vaccinated, for example, by allowing them to travel more freely, make two main arguments: First, for legal and ethical reasons, vaccinated people should not be given preferential treatment as this would violate principles of equality and be unethical; it would drive a wedge through society. Second, it’s not yet scientifically proven that vaccinated people are less infectious, and so the “precautionary principle” prohibits any preferential treatment.