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D. Manuel Lezertua, Ararteko of the Basque Government


28 September 2021 - 08:51
Last updated: 10:54

We read with indignation that in the interview the Diario Vasco gave him said:

"Anyone who doesn't get vaccinated (the COVID-19 vaccine) will have to take on its consequences" (19-9-2021).

The Rules of Organisation and Functioning of the Ararteko Institution have also been read on the website of the Basque Government. Article 1.1 states that "the Ararteko is the representative of the Basque Parliament appointed in defence of the rights set out in Title I of the Constitution, for which purpose it will supervise the activity of the Basque Public Administration and inform the Parliament thereof".

Well, your words may violate some of the fundamental rights set out in Title I of the State Constitution, such as:

1- The right to dignity of the person (art. 10.1) because your words of threat may impede the free development of the person and may encourage unintended decisions, affected by the conclusions you have mentioned.

2- Right to equality (Art. 14) because it separates (and discriminates) with your words to those who are not vaccinated or vaccinated. The latter are the ones who, despite making a legal and legitimate choice, judge and discriminate against society, and clearly threaten them with a consequence. As you should know, if the person exercising his rights does not unfairly harm others, it does not harm anyone.

"Your words do not correspond to a person whose main mission is to defend the rights of all citizens"

3- Right to physical and moral integrity (art. 15.1)), of course, the vaccination and inoculation of substances outside the nature of the human body, which constitute a violation of the physical and moral integrity of the individual who does not recognise such integration in the legitimate exercise of his rights.

4- The right to freedom (art. 17.1), because your words can curb people's freedom and lead them to vaccination, out of fear of the consequences you say.

5- Right to freedom of thought, ideas and opinion (Art. 20.1)), not least because we do not know the material content of the "conclusions" to which you refer and which may violate other rights contained in that Title First of the Spanish Constitution. In fact, it influences the behavior of those who want to think and think against the vaccine and, in addition, those who have a different opinion from yours are classified as "deniers".

In our view, by ensuring freedom of expression (Art. 20.1)), their words are not characteristic of a person whose main mission is to defend the rights of all citizens, and may lead to social failure or confrontation between advocates of one or another option. This result is far from the objectives that you are supposed to have a position like the one you meet. The main objective of this office is to protect the rights of citizens, despite conflicting opinions, and without supporting or contradicting a particular social sector.

In view of the violation of rights that their words may affect a part of the population, from the Platform Vida we ask:

1- Rectify your words immediately, in particular by eliminating the threat to people who decide not to vaccinate themselves in the exercise of their civil and political rights.

2- To correct the denomination of a negationist to those who, instead of denying or confirming anything, merely exercise their constitutional right.

3- Immediate termination of Ararteko ' s office, as his performance is incompatible with the functions assigned to him.

In addition, we remind you that whoever fulfills your rights does not harm the rights of others. Consider this legal maxim to prevent further violations of the rights of people who want to exercise their legitimate right not to be vaccinated for other reasons.

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