PROPORTIONALITY OF HUMAN RIGHTS LIMITATIONS IMPOSED BY OPPORTUNITY PASSPORT IN LITHUANIA
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Abstract
The article analyses the Green Passport established in Lithuania (named Opportunity Passport) and the proportionality of the imposed limitations on human rights. For the analysis, the German proportionality test is employed and its application to this particular instrument of pandemic management. The article explores the suitability of the aim of the Opportunity Passport, trying to clarify what were the aims sought by the Opportunity passport. Further, in analysing the first step of the proportionality test -suitability- the authors explore the theoretic possibility to attain the pandemic management goals by limiting the access to certain services and events only for vaccinated persons or those having proof of their immunity status. Furthermore, the second step – necessity – is analysed, that is whether the measures were necessary in the absence of other, more lenient but equally effective means of achieving the intended objectives. Lastly, the third step of the three-tier test includes the assessment of the proportionality in the strict sense (stricto sensu) of the restricting measure: is the chosen sanction disproportionate to the constraints imposed on it, does the scale of the measure meet its objectives or will the likely (outset) benefits outweigh the potential losses. The Opportunity Passport legal regulation and the limitations imposed by it are weighed against the gravity of human rights limitations. The last chapter discusses the regulation of Opportunity Passport and its aspects in the context of the prohibition of discrimination. Conclusions of the publication are made on the basis of careful examination of theory and facts.
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