Can you check the immunization status of the plumber who comes to your house to repair your tap, the nurse who comes to do a blood test in the comfort of your salon or the hairdresser who offers her services at home?
From September 1, the vaccination passport is required if you are 13 years or older and want to participate in activities considered non-essential, such as going out to eat, see a show or play a sport indoors.
Home services and any work done in your home are not included in this list. Even if they are considered essential, can you check the vaccination status of the service provider that comes to your home?
Après tout, l’application mobile VaxiCode Verif, grâce à laquelle it is possible to number the QR codes that are transmitted by personnes vaccinées et de savoir if they are ont the deux deux required, but the telephone number is available for those who have an intelligent telephone or telephone a tablet.
The Department of Health and Human Services declined to comment. In an email exchange, he indicated that “legal opinions, including the question of whether or not they exist, are protected by professional secrecy.”
“A hot potato”
For the legal community, all questions related to the vaccination passport are dangerous. “It’s a hot potato [parce qu’]there are no precedents, ”admits Me Julius Gray, a lawyer specializing in issues of individual liberties.
Based on the Quebec Charter of Human Rights and Freedoms, the famous lawyer is of the opinion that a person could refuse to allow a service provider who is not fully protected against COVID-19 to enter their home, since the vaccination status does not is one of the reasons. for discrimination, such as race, religion or sexual orientation.
“Depending on the judge and the environment at the time the case goes to trial, it may appear that a man or a woman has the right to say ‘I want to be safe’ or ‘I want my other clients to be safe.” “
“There is also the issue of the right to life, liberty and security of person,” continues Gray. Obviously, someone could say that it is their freedom not to receive the vaccine, but the safety of the person on the other side could prevail. “
A requirement of the company
Along the same lines, can a company check the vaccination status of its clients? Me Julius Gray draws a parallel with these stores that are located near a beach and that ask their customers to dress appropriately, that is, not to present themselves with a swimsuit as the only garment.
“Is this legal? I think so. Is the vaccination status similar? It’s a good question and there is no precise answer at the moment,” reasons the lawyer.
The lawyer continues to believe that a company that offers home services could ask its clients if they are adequately vaccinated. “She doesn’t have to go to work with you,” he emphasizes.
He adds that restaurateurs, if there is no decree requiring the vaccination passport in their establishment, they could also ask their clients if they are fully vaccinated. “It would be a cause that could be debated and I am far from being convinced that the antivax would win,” Gray said. If I wanted to bet, I would bet the other side. “
Can private residences housing the elderly also inquire about the vaccination status of their visitors? Julius Gray thinks so, but not if the old man is dying. A negative screening test result might be appropriate, according to him.
« [Mais pour toutes ces questions]It remains to be seen how the courts will decide. So far there has been no trial ”, insists the lawyer.
>> Read also: Vaccination passport: how to have your QR code at hand? y A hot air conditioner: should an installer wear a mask?
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