Court decision in Czechia: Discrimination against the unvaccinated having to pay for COVID-tests was illegal
Bírósági döntés Csehországban: törvénytelen volt az a diszkrimináció, hogy az oltatlanoknak fizetniük kellett a Covid tesztekért
Coronavirus news that the media is keeping silent about: a lady in the Czech Republic sued the Ministry of Health and won! According to the judgment of the Czech Supreme Administrative Court published on August 22, 2022, it was illegal discrimination that the unvaccinated had to pay for the Covid tests, while the vaccinated were covered by the state.
The lawyer representing the plaintiff, Zdeněk Koudelka, summarizes the case as follows:
According to the judgment of the Supreme Administrative Court, the measure in question was issued to pressure those who were not interested in the "optional" vaccines, and the Ministry of Health feared that individual responsibility would begin to be imposed on people who ordered a large number of expensive vaccines which were later not used.
The ministry came up with a solution to promote vaccine consumption advertising. The consequence of this was that covid tests were paid for by the public health insurance, even though someone needed a certificate for a holiday in the Maldives or Mauritius. Whereas the poor, unvaccinated mother of a sick young child in the hospital had to pay for the test herself if she wanted to be with him.
The Ministry of Health issued a series of illegal measures. However, I consider it to be the height of covidist swindle - says Mr. Koudelka -, when it was possible to waste health insurance funds for rich vacationers but deny the same service to mothers of seriously ill children in hospital, in order to sell vaccines with very limited effectiveness of about 6-9 months. It is a grossly immoral act of state power. The ministry argued that these mothers could have been vaccinated. This would give in to the huge pharma business surrounding covid vaccinations and participate in the tunneling of state money to support vaccine manufacturers.
A person has the right to disobey the recommendations of ministers they do not trust and to refuse optional vaccinations. The government must not push for optional vaccination in an immoral way.
The proposal to cancel the ministerial measure was submitted by Jana Nováková, a candidate for mayor in the Brno-Útěchov district for the SPD, Trikolor, Moravany and independents. I represented her legally in the matter. She is a brave citizen who previously successfully proposed to the Supreme Administrative Court to cancel the unjustified ban on the entry of unvaccinated people into restaurants and hotels, which the court complied with in the judgment of 2 February 2022, 8 Ao 2/2022-53. Jana Nováková showed a civic attitude and a fight for people's rights against government oppression.
According to the Prague court, the different approach towards the unvaccinated was discriminatory: "…came to the conclusion that the different treatment of the vaccinated and unvaccinated persons in terms of defining the conditions for paid testing in its consequences, lacked a rational relationship to the purpose of the extraordinary measure and was not able to contribute to the achievement of the primary goal of limiting the spread of the covid-19 disease (in the sense of the test set by the jurisprudence of the Constitutional Court, cf. points 21 and 27 of this judgment). The extraordinary measure therefore established unequal treatment between the vaccinated and the unvaccinated, which was contrary to Article 1 of the Charter.”
The court ordered the defendant to reimburse 15,467 Czech crowns (approx. EUR 630) in court costs to the plaintiff.
The decision may be significant for the future; maybe it's too early to tell.
In any case, it is remarkable that at the time of writing this article I can count on one hand the number of Czech news sites that mention this at all.
The good news: now we can at least know where are the limits of ideas for abuse related to the coronavirus are, according to the Prague court.
So anyone who spent money on tests in the Czech Republic only because of an illegal measure and can prove it, can theoretically try to claim compensation from the ministry - even if it is a little-explored legal area and procedure.
Sources
Koudelka: The Supreme Administrative Court revealed the illegality of the biggest Covidist swindle https://www.parlamentnilisty.cz/politika/politici-volicum/Koudelka-Trikolora-Nejvyssi-spravni-soud-odhalil-nezakonnost-nejvetsiho-covidistickeho-svinstva-712029
The full text of the court ruling (2022.08.22.) https://web.archive.org/web/20220822184201/https://www.nssoud.cz/modalni-obsah/rozhodovaci-cinnost/rozhodnuti-354371?cHash=8d1f61d87c9b69f09432b56552e9ca22
Note: this is an archived link, because the website of the Supreme Court now, in mid-September 2022, no longer contains the official, online copy of this judgment made three and a half weeks ago. (Wonder why???) I myself saw it a few days after it was announced, that is in the first days of the month.
In this public database, however, it is still available: https://www.zakonyprolidi.cz/judikat/nsscr/3-ao-24-2021-58
That’s great, but what do I have to do with all this?
You might ask dear Reader: why is a Hungarian singer writing about this?
The answer is that I am personally involved in the subject for two reasons.
One is that I really love Czechia, the Czechs, I had a great time with them for five year and they have become close to my heart. I would gladly go back for a shorter or longer stay at any time.
(A little further down, I will show you photos of a few places where I have visited and lived.)
And the other is that since I did not get a jab of any of the experimental drugs called "coronavirus vaccines", and as a healthy person, I was not willing to have a medical examination which is not even suitable to show if am I sick, performed on myself for heavy thousands of Forints from my own pocket, repeatedly, which is not even suitable to show if am I sick - that's why I don't have and never had a so-called "immunity certificate" (of which it was obvious even before its introduction that it was in no way a guarantee for the protection of its owner against the dreaded disease).
A másik pedig az, hogy mivel nem oltattam be magam egyik, “koronavírus elleni védőoltásnak” nevezett kísérleti szerrel sem, valamint arra sem voltam hajlandó, hogy egészséges emberként kemény ezresekért végeztessek magamon egy olyan orvosi vizsgálatot többször is, amely nem is alkalmas arra, hogy kimutassa: beteg vagyok-e - ezért nincs és nem is volt úgynevezett “védettségi igazolványom” (amelyről már a bevezetése előtt nyilvánvalóan tudni lehetett, hogy semmiképpen sem garancia a tuladonosa védettségére a sokak által rettegett nyavalya ellen).
Therefore, along with many others, I was discriminated against here in Hungary because I had to (should have to) pay to have Covid tests done at the required intervals and for certain occasions. In fact, I should have paid for the card itself as well.
Without a valid "immunity card" I could not travel, I could not attend events as an audience, and I also wasn’t allowed to perform in many places!!! Not to mention the fact that going to concerts and other events is part and parcel of a singer's or musician's job, since there is no substitute for live contact with other artists, organizers, and professionals. I was pretty much of an outcast, isolated from the musical and cultural life. The career of many of us were made practically impossible even after the lockdown.
The topic of the coronavirus is very diverse and one could say much more about it, but the point here is one word: discrimination. Which it was, period.
Having personally experienced all the craziness that 2020-21 meant, there came a moment when I said to myself: I will neither strive to fight impenetrable walls nor succumb to total stupidity, but I will survive as best as I can. Namely from singing, because I'm a singer.
Since then, I haven't put much effort into rebuilding my artist career from scratch, but I've returned to the simple beginnings: street music as my main source of income. And I am very grateful to all those who have supported me in some way.
If you want to hear Andrea Gerák, the Artist live (and of course, online), you can find her. I accept requests with the greatest pleasure and gratitude! (At this moment, I just realized: next year it will be fifty years since I first performed on the big stage as a little ballerina, and at the end of the kindergarten year as a solo singer, the poor girl who finally married to the prince. My God, I'm almost crying...)
To ease up the serious topic, the promised pictures from Czechia:
The cover photo shows a winter sunrise from a hostel in Prague, where I lived for a while in 2015.
And this is the view from the bathroom: Hradčany, the Prague Castle
Letölthető multimédia album ebből a mesebeli városkából, dalokkal, videókkal, sok-sok fotóval:
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