COVID-Pass under Scrutiny. Nudging and Fundamental Rights

ABSTRACT

The requirement of the COVID-19 certificate by the regional Ministries of Health generalised in December 2021 to access leisure, catering and socio-healthcare establishments as an instrument to contain the pandemic and encourage vaccination limits, among others, the following fundamental rights equality, physical integrity, privacy, freedom of movement and free enterprise. Given its novelty the literature on the topic is still in its infancy. This work analyses the legal basis of this instrument to establish such limitations, its proportionality and the constitutionality of the measure as a nudge to promote vaccination taking into account its real effectiveness and safety. The study concludes evaluating the general COVID-19 vaccination campaign's constitutionality. © 2022 Universidad Nacional de Educacion a Distancia. All rights reserved.