Unvaccinated caregivers, who wanted the right to visit their loved ones hospitalized or housed in CHSLDs, failed to obtain an injunction against government measures.
Posted at 1:37 p.m.
In a decision handed down on Tuesday, a Superior Court judge rejected their request, pointing out that “despite the legitimate questions they raise about the measures adopted by the government”, he had not been convinced by their arguments.
Unvaccinated caregivers argued last week that their vulnerable loved ones in hospital or CHSLDs were suffering serious harm due to government rules. Elderly people in particular starve to death because their caregivers are unable to visit them, said Ms.and Natalia Manole, the lawyer representing them.
“The court cannot interfere in the government’s analysis, assessment and decision-making process,” replied Judge Christian J. Brossard.
According to him, it is up to the State to find the balance between the importance of protecting beneficiaries against COVID-19 and the permissions to be granted so that they can receive support and assistance from their loved ones.
The health measure which forces visitors to be vaccinated to have access to hospitals and CHSLDs seems to him to be legal and in accordance with the public interest, he explains.
The judge notes that with the evolution of the epidemiological situation, there is a possibility that this measure will be relaxed.
“Then – and the Court expresses it with benevolence – that the unvaccinated caregivers by strict personal choice over which they have full control calmly, but diligently, re-evaluate their choices according to the consequences for their “cared-for relatives” of their absence from of them”, he also concludes.