Urgent call to action: Senate mail bombing

To oppose the Law Decree 44 on the vaccination obligation for health personnel

We invite you to send a text of reasoned dissent with respect to this last imposition to the email addresses indicated below.

Let us make ourselves heard numerous!

SUBJECT: LAW DECREE 44 of 1 April 2021

Following a careful analysis of the DL44, which introduced the Covid19 vaccination obligation for workers in the health sector, we want to summarize below the most evident criticalities, with the hope that you want to take them into account in the evaluation and discussion of a law as it is written today, it appears to be completely unconstitutional and without any scientific basis.

1. Effectiveness of vaccines

The legal obligation that requires healthcare personnel to vaccinate Covid19 is justified in order to protect public health and provide safety guarantees in the performance of their duties. However, we would like to highlight that all Covid19 vaccines currently on the market do not guarantee 100% effectiveness. For the original Sars-Cov-2 strain, coverage may be far from that target, settling around 59,5% (Vaxzevria) or 66,1% (Janssen). As for the variants currently circulating in our country (86% of cases), the Pfizer and Moderna vaccines, according to the ISS, have a reduced neutralizing activity, thus being completely inadequate for the intended purpose. Think of countries such as Serbia and Chile where even with a very high percentage of the vaccinated population, new lockdowns were used to contain the high number of infections.

2. Possibility of transmission despite vaccination

The ISS, as well as the American CDC, reports that vaccinated people must continue to observe all prevention measures because it is not yet known whether vaccination is effective in preventing the acquisition of the infection and / or its transmission to others. people: it is therefore incomprehensible a regulatory obligation in order to protect patients from contagion. There is no certainty that vaccines block transmission, it is not clear which population group supports the circulation of the virus and the duration of protection after vaccination is not known. The French State Council resolved a few days ago that "vaccinated people can be carriers of the virus and contribute to its spread in proportions that are not known today". In confirmation of what is written, there are several recent reports of people infected in closed and fully vaccinated contexts (eg RSA).

3. Informed consent

The DL44 provides for very tight deadlines for the suspension of the worker who does not comply with the vaccination obligation, in total contrast with the Law 219/2017 which regulates informed consent. Thus, a fundamental right of the patient is missing (who in the specific case is also a health worker and who, having to apply this principle when working with his patients, has every right to see it recognized when he is himself a party to damage the relationship of trust between patient and doctor as well as undermine the decision-making autonomy of both. In fact, it eliminates the communication time between doctor and patient, which must, by law, be considered treatment time and consequently guaranteed, even more so if it were a mandatory health treatment.

4. Vaccine safety

The vaccines currently on the market are additionally monitored drugs, authorized on an exceptional basis, whose actual safety and efficacy will only be demonstrated in a few years. Making them mandatory by law is therefore a choice of health policy that leaves various doubts of safety for the recipient and moral correctness on the part of the legislator. By way of example, we cite the case of the Astrazeneca / Vaxzevria vaccine, currently suspended in several European countries or indicated for often diametrically opposed age groups (EMA authorization obtained for use up to 55 years; AIFA: extension up to 65 years; Germany: not should be used under 60; France: not used under 55; Canada: not used under 55).

How can Italian citizens under the age of 55 be subjected to the obligation of a vaccine that in many other countries is prohibited for their same age group?

We also draw attention to the serious adverse reactions or deaths recorded for example by Norway, remembering that as is known spontaneous reports represent only a small percentage of what happens in reality:

• Pfizer: 123 dead and 196 serious (1 in 1865)
• Modern: 3 deaths and 14 serious (1 in 2316)
• Astrazeneca: 6 dead and 137 serious (1 in 936)

5. Only country with Covid19 vaccination obligation

With this decree law, Italy would become the only country in the world to introduce a vaccination obligation for COVID-19, although the vaccination data for healthcare personnel are aligned when not higher than those of other European countries. Moreover, the obligation is in stark contrast to what was approved by the Council of Europe last January 28, according to which "States must not make vaccination against Covid mandatory for anyone and at least for the moment they must not use vaccination certificates as passports ”and stresses that no one will be discriminated against if they are not vaccinated.

The Senate Resolution No. 1 (6-00154) (2 December 2020) also commits the Government not to introduce vaccination obligations in compliance with the principle of freedom of choice of citizens.

6. Discriminatory and difficult to apply rule

As stated, this text of the law presents at least three strong criticalities that make its application difficult and possibly discriminatory:

• The relocation of the worker to other duties is left to the employer "where possible" and if the latter does not consider it possible, it will lead to the suspension without remuneration of the worker. The discretion of the employer will inevitably lead to a rain of appeals to the labor court.
• The wealthiest families will be able to take on the unpaid suspension (expected until 31 December 2021 at the latest) thus circumventing the obligation and applying this only to economically weaker families, single-income or with both spouses working in the health sector, introducing discrimination between subjects affected by the law on the basis of income;
• The suspension of healthcare personnel can obviously have a negative impact on the operation of the sector, already tragically tested by structural cuts that have taken place over the years and lead to the penalization of thousands of professionals who have worked with maximum effort in the last twelve months.

Certain that you will be able to take into consideration what is written above, we hope that the objective of the legislator is always the protection of the citizen and not the inclusion of penalizing rules without any guarantee of effectiveness.

• CONSTITUTIONAL AFFAIRS COMMISSION:
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• CHAIR AND SENATE PRESIDENTS
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• EUROPARLIAMENT
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