Legal challenges seen on proposal to restrict mobility of unvaccinated

Presidential Adviser for Entrepreneurship Joey Concepcion suggested limiting allowed activities for unvaccinated individuals when herd immunity has been achieved, but the Department of Health (DOH) said this is not yet possible.

Concepcion said in an Aug. 23 forum that vaccinated individuals should only be allowed to enter malls and other establishments and to have separate buses.

“The mobility of the unvaccinated is proposed basically from home to workplace. For the vaccinated, there is greater mobility being proposed beyond home to workplace,” he said.

However, DOH Sec. Francisco Duque III said this is not yet possible as the percentage of individuals needed to achieve herd immunity is increasing due to Delta variant threat.

He added that he has also communicated with the Department of Justice (DOJ) Sec. Menardo Guevarra who said that legal consequences may surface due to possible discrimination.

“We might be subject to a legal challenge if not actual filing of cases against us if we do translate this into policy. There has to be a legal basis eh. Right now we don’t for… disenfranchising the unvaccinated. They have to have mobility as well,” he said.

Duque said the proposal may be implemented covering vaccination priority groups, particularly senior citizens. Concepcion said they are prepared to submit data to support their proposal which has been implemented in Singapore.

Metropolitan Manila Development Authority (MMDA) chairperson Benhur Abalos expressed support for the suggestion.

“Singapore is already doing this because they targeted a certain population, a protection and we could do that,” he said.

“The LGUs [local government units] will work with Go Negosyo team. We’re going to have micro plans about this and on the ground. Sa totoo lang po, pagod na ang mga mayors.”

Commuters of the Philippines called for expanded allowed transportation means to prevent crowding and long queues, as the proposal may cause discrimination.

“Pero right now kasi na 50%, nagiging discriminatory siya given na ayun nga, maraming gustong magpabakuna; para bang we’re second class citizens ika nga…Nandoon ‘yung wrong notion na ‘pag ‘di ka bakunado, automatic parang COVID-19 patient ka na kahit hindi ka naman positive,” Julius Dalay, the group’s founder, said. – Report from Karen Villanda/AG-rir

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