Citizens Present Lawsuit against Mandatory Use of Masks

The provision by the Ministry of Health to compel people to use face masks in shops and public transport when social distancing is not possible has not been well received by a certain sector of the population.

For this reason, five citizens went to the National Constitutional Court to file an appeal against the directive issued by the Health Ministry. On June 23rd, the IV Court received the first two appeals. Of these, one was rejected and the other continues in an admissibility study. 

“It claims that they do not agree with the mandatory health order issued by the defendant (health ministry) to require the population to wear masks due to the COVId-19 Pandemic,” the Court explained regarding the latest case. The other actions were carried out on June 24th, 26th, and 29th. All are in the admissibility study.

Of the five appeals for protection presented, only one detailed the reason for the refusal (to wear masks) of compliance with the determination of the health authorities. Pointing out that, due to suffering from a disability, he (the plaintiff) does not imply obligation established by the demanded in the use of masks, therefore, it requests that a list of exceptions be created for disabled people,’’ says the legal document.

The Public Transport Council (CTP), issued a guideline on June 26th, which allows traveling by bus and taxi without masks in the following cases: people in poverty, disability, or other situations of vulnerability. Also, children under three years of age.

“There is a population in the country that, due to its condition of poverty, access to information or functional limitation, among other circumstances, cannot acquire or put on a mask, therefore we cannot deny them transportation services, the driver must let the person enter,” said Manuel Vega, director of the CTP.

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