By Savvas Savvides – Lawyer
The importance of individual responsibility must be taken very seriously whether we are or are not vaccinated, as it is our tool for the safe return of students and teachers back to school for a new academic year that will be quite different from that of any previous years.
Individual responsibility is required from the teachers who must be able to achieve the academic goals they desire after all the difficulties they have faced in the previous months.
Of course, the responsibility lies to a large extent with the Ministry of Education, which must be ready to respond to the new reality and the needs which will arise, while it must offer accessibility to simultaneous distance learning or participation in online lessons, both for the teachers and the students, who may be ill, who may be contact cases, and for those who belong to or who live with persons in the vulnerable groups.
Bearing the above in mind, we need to mention that on 27th July 2021, the Nicosia District Court (P.D.J. E. Efraim) issued its interim judgment in a civil claim brought before the Cyprus Courts on issues relating to the application of the restrictive measures imposed across Cyprus as a means of preventing the spread of COVID-19 (claim number 1322/2021 of Nicosia District Court).
The claim, which was brought by 103 citizens of Cyprus including minors represented by their custodians, against the Attorney General of the Republic of Cyprus, the Minister of Health of the Republic and members of the Government’s Epidemiological Advisory Committee was dismissed by the Court, which proceeded only against the Attorney General and the Minister of Health with the legal costs to be incurred by the applicants.
The applicants sought the issuance of an interim order – injunction disengaging them from the obligation to be submitted to COVID-19 tests, or to present a vaccination certificate or to show proof of recovery from COVID-19 as a condition for their entry in various places within the Republic, and the obligation to use a mask in indoor or outdoor areas, as well as the restriction of movement (curfew) to the extent imposed, among others, as per the government’s decisions and relevant decrees issued.
In addition, they sought an injunction suspending the effect of all decrees which were issued by the government on the ground that these are discriminatory, that they interfered with the right to free movement and other human rights and that they lacked approval by the Parliament, whereas they also sought a mandatory order of the Court that any potential future decrees issued should be issued only following approval of the Parliament.
The Court pointed out that public health is a matter which may justify the imposition of restrictions and interventions in the exercise of constitutional rights. The question before the Court at this stage was whether, there was a prima facie case of unconstitutionality of the decrees issued.
The conclusion of the Court was that the measures imposed did not exceed the restrictions which would be justified under the Constitution in the face of a situation that is internationally recognized and treated as a pandemic.
In addition, the Court also emphasized that the judiciary does not have the power to prohibit the executive from carrying out its duties. In regard to the issuing of the decrees themselves and their compulsory nature without the need to be approved by the Parliament, by reference to a judgment of the Supreme Court of Cyprus, Holy Archbishopric of Cyprus and others v Republic (1990) 3(Β) Α.Α.D. 1175, the Court held that the Minister of Health was authorized by law by the Council of Ministers to issue such decrees, valid as of the date of their publication in the Official Gazette, without the requirement for Parliamentary approval.
We are just a few days away until the return of the students to both public and private schools.
But it is at this point that one may ask whether students and teachers, on their return to school, will be safe and healthy. No one can answer this question nor can anyone commit to this either.
The virus is and remains in our daily lives and it is the personal responsibility of each one of us to protect ourselves and those around us, by following the requested hygiene regulations and health and safety measures as set by the Ministry of Health of Cyprus, so that we and our children can enjoy as normal as possible the new reality of the fresh academic year.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided.
For further information, please contact Savvas Savvides, Partner, at Tel: +357 26 930 800 or via email at: savvas.savvides@kyprianou.com
