La vacuna-condición o el pasaporte de vacunación y su eventual encaje en un marco general de vacunación recomendada contra la COVID-19

It is important to think about the eventual application of a COVID-19 vaccination certificate as an eligibility criterion to carry out certain activities and to discuss in advance the problems that the use of this tool may pose in legal terms. To this end, we must begin by stating the assumptions that would be necessary to justify its implantation, including scientific consensus on the scope of the immunity granted by COVID-19 vaccines, especially in blocking transmission in the community. Likewise, it emphasizes the importance of broadening the view in the sense of internalizing that the passport or vaccination pass constitutes only one of the many options within a rich catalog of possibilities when it comes to reinforcing the recommended vaccination model through incentives adopted in the Vaccination Strategy against COVID-19, including the use of nudging. In any case, if conditionality is installed and expanded to the extent of significantly influencing daily life, it could lead to a kind of indirect obligation, with the risk of dysfunctions in terms of equality and systemic coherence if the public powers do not contribute to clearly define the legal limits beforehand and to drive a process that in itself could be dispersed and disorderly.