'Bakuna bubble', if implemented now, may be challenged legally —Guevarra

Justice Secretary Menardo Guevarra on Sunday said imposing "bakuna bubbles" to segregate those fully vaccinated against COVID-19 from those who are unvaccinated at this time may face legal challenges for discriminatory treatment.

"Kung ngayong panahon i-implement itong ganitong klaseng proposal, malamang ito ay ma-challenge legally for being discriminatory," Guevarra said in an interview on Dobol B TV.

(If this will be implemented at this time, most likely it can be challenged legally for being discriminatory.)

Guevarra said the suggestion to have "bakuna bubbles" was made to protect the vaccinated and unvaccinated, to encourage those not vaccinated to get inoculated, and to help boost the economy.

He however noted that the vaccines are not yet available in some areas.

"Maraming taong gustong magpabakuna pero hindi pa sila nakaka-access sa bakuna," he said.

(Many want to get vaccinated but they have no access yet to the vaccines.)

"Hindi naman nila kasalanan na hindi pa sila nababakunahan so parang unfair naman na sila ay made-deprive ng access dito sa mga klaseng lugar," Guevarra said.

(It is not their fault that they are not yet vaccinated so it seems unfair if they will be deprived of access to certain places.)

Guevarra also said vaccination against COVID-19 is not yet mandatory in the country.

"Right now ang mga mandatory pa lang ay ang mga minimum health protocols — pagsusuot ng face mask, social distancing, and so forth and so on," he added.

(Right now what is mandatory only are the minimum health protocols such as wearing of face mask, social distancing, and so forth and so on.)

The Department of Justice chief also said some people have valid medical reasons why they could not get vaccinated against COVID-19. Some may have allergies, for instance, or have contraindications.

Guevarra also pointed out that the government follows the order of priorities in its vaccination program. This puts healthcare workers first (A1), senior citizens second (A2), and persons with co-morbidities third (A3).

"Sa ngayon, nasa A4 pa lang tayo. Ibig sabihin noon, hanggang economic frontliners pa lamang. 'Yung general population sa order of priority ay hindi pa kasama," he added.

(Right now, we are still vaccinating A4. This means only up to economic frontliners. The general population, based on the order of priority, is not yet included [in the current rollout].)

Guevarra however said that when the time comes that vaccines are readily available to everyone such that there is no reason why anyone would refuse a vaccine except for medical reasons, then it would be reasonable to refuse to have unvaccinated people in some areas.

"Kung sakaling magkakaroon na ng more than enough vaccine supplies na available to everyone, kung 'yon ay available sa maraming mamamayan, mawawalan na ng excuse na hindi magpabakuna except for medical reasons," he said.

(If there will be enough vaccine supplies available to everyone, people will have no excuse to refuse vaccination except for medical reasons.)

"Magkakaroon na ng reasonable basis na tanggihan 'yung mga unvaccinated persons [in certain areas]," Guevarra said, citing the interest of the general welfare and the possibility of endangering the health of others.

(There will then be reasonable basis to refuse entry to unvaccinated persons [in certain areas].)

"Pagdating sa ganitong klaseng situation ay masasabing hindi na magiging discriminatory [ang pag-impose ng bakuna bubble]," he added.

(In this situation, it would not be discriminatory [to impose vaccine bubbles]).

Presidential Adviser for Entrepreneurship Jose Ma. “Joey” Concepcion III earlier raised the need to restrict individuals unvaccinated against COVID-19, and impose bubbles for those fully vaccinated.

According to Concepcion last month, the government should look into “bold moves” such as restricting the unvaccinated population from entering and eating at certain establishments or moving around the country.

Concepcion said incentives can also be provided to businesses that target full vaccination of their employees, such as increased operational capacity. Vaccinated individuals can also be given incentives such as more mobility and ease of travel, and exempting them from mandatory tests once fully protected, he added.

Concepcion said such restrictions could be implemented once local government units achieve a vaccination rate of 70% to 80%.

While supportive of the "vaccine bubbles" proposal, Metropolitan Manila Development Authority chairman Benhur Abalos Jr. on Wednesday said more study and a vaccination target for the country's population are needed before enforcing such policy. —KG, GMA News