The Right to Vote vs. The Right to Public Pealth: Controversies Arising from Covid-19

ABSTRACT

The article will analyze the main conceptual outlines of the right to suffrage. To this end, two different perspectives will be addressed an international perspective and a constitutional one, which, according to the Peruvian legal system, is the basis of the referred right, both in its political and philosophical dimension, besides being an elemental part of the rights of citizen participation. In view of this, we will question the legal, philosophical and ethical aspects of Supreme Decree 041-2022-PCM, where the National Office of Electoral Processes restricts the fundamental right to vote to voters for not having the three doses of regulatory vaccination for Covid-19. This is a reality that affects the Regional and Municipal Elections of 2022 and the free and democratic exercise of citizen power. Faced with this scenario, philosophical theories regarding the restrictions of fundamental rights, argue that these rights are not always absolute, and through the application of the principle of proportionality in the strict sense, their limitation may be allowed, and in turn, considering that the implementation of the vaccine against Covid-19 in our country is of free and voluntary access. © 2022, Universidad del Zulia. All rights reserved.