COURT ISSUES JUDGEMENT BY WHICH IT OVERRIDES THE OBLIGATION TO SHOW THE VACCINATION SCHEME THROUGH QR CODE IN FAVOR OF THE TOURISM SECTOR

This judgement was issued by the Administrative Court of the Second Judicial Circuit of San José, Goicoechea, at 23 hours and 05 minutes of November 12th of the current year, and which literally states:

“…. Consequently, this precautionary measure is ADMITTED, so the IMMEDIATE SUSPENSION of the effects of the resolution number MS-DM-8119-2021 issued by the Ministry of Health on October 14th, 2021, is ordered, only as it commands the demonstration of a vaccination scheme through a QR code, which was arranged as mandatory verification for both the commercial establishments and their users…”.

“….In the same way, given that this has current effects, but also given the potential but certain permanence of the effects of that mandatory measure (requirement of a QR code) was known through a statement from the Presidential House number CP-1273-2021 dated October 22, 2021, in a precautionary manner, the President of the Republic, the Minister of Health, the Minister of Science, Innovation, Technology and Telecommunications, the COSTA RICAN SOCIAL SECURITY FUND, and the COSTA RICAN ELECTRICITY INSTITUTE ARE ORDERED to refrain from any conduct aimed at the implementation of the QR Code, at the commercial, social, labor, tourist, recreational and/or any other level, until the present case is resolved by the merits, in order to safeguard the precautionary judicial protection adopted in this judgment….”

Therefore, shops, hotels, restaurants, and tourist activities are left without the application of the QR code to verify the COVID 19 vaccination status of citizens; however, the State must pronounce on the judgement for the Court to determine whether or not the measure is maintained.

Written by: Lic. Federico Tinoco Brenes

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