If You Believe the Law is Unjust, Address the Constitutional Court, It Doesn't Require Great Effort: Doctor of Law to MPs

It is not entirely clear why members of parliament are addressing the legality of the Minister of Health's order regarding vaccination and testing directly to him, what were they expecting? If you believe it is unjust, address the Constitutional Court; it doesn’t require great effort—only at least one-fifth of the total number of MPs is authorized to do that. This was stated by Doctor of Law Gevorg Danielyan on his Facebook page.

“This is not an anti-vaccination campaign; everyone makes decisions based on how much they trust official statements. I will only comment on the legal solutions that reinforce the coercive measures aimed at filling the void of trust. First, it is not clear why MPs are directing the question of the legality of the Minister of Health's order regarding vaccination and testing to him, what did they expect? If you think it is unjust, address the Constitutional Court; it does not require substantial effort—only at least one-fifth of the total number of MPs can do that.

This is not the platform to delve into the details, but I will make a few remarks. Firstly, it is inappropriate to reference international practices, as in none of the countries in similar situations is testing carried out at the expense of the individual, and the 14-day period pertains not to testing but to isolation. Furthermore, physical and mental integrity, as well as property rights, can only be restricted by law (Articles 25 and 60 of the Constitution), not by any sublegislative normative act. The order also draws on several other constitutional norms, among which I would highlight the principle of proportionality (Article 78), since the chosen measure, especially concerning the 14-day testing, cannot be effectively considered—an individual can become infected and contagious at least 3 days after testing, and so on.

Currently, around 7-8 percent of the population here has been vaccinated (myself included), whereas in Western European countries, it has approached 50 percent. Work to restore people's trust in the direction, which is evidently damaged, while this is extremely necessary for any public interest issue. In a harmonious society, a public figure's word is more powerful than concocting various sanctions…,” wrote Danielyan.