CHR: 'No vax, no ride' restricts enjoyment of fundamental rights

The Department of Transportation's "no vaccine, no ride" policy in the National Capital Region effectively restricts the exercise and enjoyment of fundamental rights, the Commission on Human Rights said on Wednesday.

In a statement, the CHR spokesperson Atty. Jacqueline De Guia indicated that the policy would ill affect many Filipinos access to basic services even while there was no direct prohibition on the right to travel.

"The reality is that ordinary Filipinos continue to rely on public transportation in attaining basic needs, such as for food, work, and accessing health services," De Guia said.

"With the DOTr‘s 'no vaccine, no ride' policy, even those exempted under this policy may be restricted in accessing essential goods and services for having no or limited access to private vehicles," he added.

De Guia said the CHR found the government's “no vaccine, no labas” policy valid in the interest of public because of an assurance that the restriction would  not result in the denial of public services.

"However, given the new order... CHR fears that, while there is no direct prohibition on the right to travel with the 'no vaccine, no ride' policy in public transport for the unvaccinated, this policy effectively restricts the exercise and enjoyment of fundamental rights," De Guia said.

De Guia adverted to the Human Rights Committee’s General Comment No. 27 on the freedom of movement which said, "It is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them,” the commission said in a statement."

“Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected,” the comment read.

De Guia said the current restrictions for unvaccinated individuals should be reviewed to ensure that they are legal and necessary for the protection of public health, consistent with other recognized rights, and proportional to their aim of protecting public health.

It noted that the restrictions imposed must be carried out in accordance with law.

“Relevant to this discussion is the provision in the 1987 Constitution wherein restriction of the liberty of movement in the interest of national security, public safety, or public health should be provided by law,” De Guia said.

“Without a law detailing the precise parameter for the restriction of rights, the policy restricting rights runs into the danger of being sweeping and overly broad that assaults even personal liberties,” it added.

On January 11, 2022, Transportation Secretary Arthur Tugade issued Department Order No. 2022-001, which allowed public transportation access in the National Capital Region only for fully vaccinated individuals.

A full vaccination status can be proven by either physical or digital copies of local government unit-issued vaccine card, Department of Health-issued vaccine certification, or any Inter-Agency Task Force-prescribed document with valid government-issued ID with picture and address.

The government's COVID-19 task force has placed the National Capital Region (NCR) under Alert Level 3 from January 3 to 15, 2022 following the sharp increase in new COVID-19 infections in the country.  —NB, GMA News