The Constitutional Court declared Certain Provisions of the Minister’s Order on PCR Tests Unconstitutional

The Constitutional Court published the decision based on the application of at least one fifth of the total number of deputies of the RA National Assembly “On determining the issue of compliance with the Constitution of Part 3 of Article 20.1, Part 3 of Article 22 of the Law of the Republic of Armenia “On Ensuring Sanitary and Epidemiological Security of the Population of the Republic of Armenia” and Order N 65-N of the Minister of Health of the Republic of Armenia of 20 August, 2021.”

Note that according to the Minister’s order, employers must require employees to provide certificate of being vaccinated against coronavirus or a negative PCR test twice ին a month or a medical certificate stating that the employee has contraindications for vaccination.

By the order of the Minister, the PCR examination is carried out by the employee at his own expense. The Constitutional Court ruled that the phrase “PCR examination is performed at the employee’s expense” was inconsistent with Article 6 Poi1 1, 2 and Article 39 of the Constitution and was invalid, given that when using the coronavirus PCR examination service the definition of the scope of employees who are obliged to pay for it is beyond the scope of powers of the Minister of Health. The Constitutional Court recognized some other provisions of the order as unconstitutional.

“Leaving the cost of PCR tests on our compatriots is UNCONSTITUTIONAL. DECISION OF THE HIGH COURT.” Dear people, I am sorry that you have suffered from another unconstitutional behavior of these authorities for so many months …,” the NA deputy Aram Vardevanyan said.

Earlier, Aram Vardevanyan, a member of the “Armenia” Faction of the National Assembly, wrote on his Facebook page:

“On 16 December, the Constitutional Court completed the examination of the order on the forced compulsory vaccination and to leave the costs of PCR tests on the people. The decision of the Constitutional Court will be announced in the coming days.

From the first day we fixed that we are against coercion, we are in favor of vaccination. THE HUMAN BEING is the highest value, the state must realize this and reimburse the costs of PCR tests. Coercion is never acceptable and that is it.”

Notably, on 25 November, the RA Constitutional Court began examining the case based on the application of at least one fifth of the total number of deputies of the RA National Assembly “On determining the issue of compliance with the Constitution of Part 3 of Article 20.1, Part 3 of Article 22 of the Law of the Republic of Armenia “On Ensuring Sanitary and Epidemiological Security of the Population of the Republic of Armenia” and Order N 65-N of the Minister of Health of the Republic of Armenia of 20 August, 2021.”

Iravaban.net

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