Pablo Javier Chami Bachelor of International Business International Business Argentina |
John Chuol Muon Doctor of International Relations International Relations Australia |
Yunji Wilson Yai Master of Science Geomatics Engineering Cameroon |
Sylvie Tabi Ojong Master of Education Education Cameroon |
Ntui Ebot Gabriel Doctor of Science Reproductive Clinical Science Cameroon |
Olufemi Ayoola Olawale Doctor of Philosophy Organizational Leadership Canada |
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José Daniel Barrera Sáez Doctor of Business Administration Business Administration Chile |
Álvaro Marcelo Contreras Marambio Bachelor of Business Administration Business Administration Chile |
Alvaro Hernando Rincón Trujillo Bachelor of Business Administration Business Administration Colombia |
Yelitza Indira Caicedo Ramos Master of Education Education and Natural Science Colombia |
Carlos Ernesto Guerra Nieto Doctor of Business Administration Strategic Planning Colombia |
Henry Doria Doria Master of Computer Engineering Computer Information Systems Colombia |
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Bruce Luaba Mudibi Master of Project Management Project Management Congo (DRC ) |
Eugenia Coto López Doctor of Education Methods of Investigation Costa Rica |
Pablo Henriquez Severino Doctor of Latin America Literature Latin American Literature Dominican Republic |
Maribel Gil Vilorio Master of English Education English Teaching Dominican Republic |
Rodolfo Michael Tavárez Fernández Master of Telecommunications Telecommunications Dominican Republic |
Francisco Javier Mora Espín Bachelor of Science Computer Science and Systems Engineering Ecuador |
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Rogelio Ricardo Jimenez Yepez Bachelor of Science Agronomy Engineering Ecuador |
Juan Alberto Salinas Hernandez Master of Business Management Business Management El Salvador |
Samba Juma Jallow Bachelor of Science Public Health and Nutrition Gambia |
Vicente Bracho Garay Bachelor of Communication Communication Germany |
Raymundo Rodríguez Baeza Doctor of Science Strategic Planning vvGuatemala |
Alvaro Leonel Vásquez Berganza Bachelor of Science Civil Engineering Guatemala |
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Ernestina Amparo Polanco Girón Bachelor of Business Administration Business Administration Guatemala |
Kaysha Camillia Dixon Wright Master of Education Educational Administration Jamaica |
Ian Leonard Emanuel Doctor of Philosophy Organizational Behavior Jamaica |
Maxwell Ntchentche Bachelor of Financial Accounting Accounting Malawi |
Kampila Humphreys Nsona Doctor of Science Globa l Health Malawi |
Myriam Oropeza Morales Bachelor of Business and Economics Management and Direction Mexico |
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Iván Cruz Cruz Pedraza Doctor of Public Health Public Health Mexico |
Hendro Jenuve de Júlio Muchiguere Doctor of Business Administration Business Management Mozambi que |
Enna Gumbs Master of Science Counseling Namibia |
Serah Jacob Anzaku Bachelor of Science Human Resource Management Nigeria |
Olanrewaju Kazeem Bakinson Doctor of Science Public Administration Nigeria |
Ishaku Ardo Buba Master of Science Agriculture Marketing Nigeria |
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Obaroh, Rebbecca Yemi Bachelor of Human Resources Human Resources Nigeria |
Leonard Michael Onyinyechi Aminigbo Doctor of Philosophy Geospatial Information Systems Nigeria |
Okoro Roli Ego Doctor of Philosophy Public Administration Nigeria |
Victor Ogoegbunam Obimma Doctor of Philosophy Project Management Nigeria |
Awuzie Ozioma Kaosisochukwu Certificate of Science Health Science Nigeria |
Rafey A Siddiqui Doctor of Science Water Policy and Management Pakistan |
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Melva Alvarado Pineda Doctor of Education Research Panama |
Gregory Mario Gilbert Monfardino Bachelor of Science Diet and Nutrition Panama |
Demetrio Cabrera Román Doctor of Science Public Health Peru |
Nicanor Williams Pacheco Huamán Doctor of Science Mechanical Engineering Peru |
Leonel Meléndez Soler Bachelor of Accounting Accounting and Finance Puerto Rico USA |
Jacqueline Martinez Irizarry Doctor of Education Education Puerto Rico |
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Rafael Eduardo Ruiz Colón Doctor of Psychology Psychology Puerto Rico |
Aulio Anselmo Hernandez De Aza Bachelor of Science Civil Engineering Puerto Rico |
Stephanie Lizanne King Master of Education Educational Management Saint Lucia |
Summia Naveed Master of Science Nutrition Science Saudi Arabia |
Mohamoud Abdi Ahmed Doctor of Education Education Somalia |
Lefora France Mafete Doctor of Business Administration Business Administration South Africa |
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Genis Tosquella Santanyes Bachelor of Business Administration Business Administration Spain |
Luis Alberto Sánchez Guerra Bachelor of Science Anti-Terrorism Security Spain |
María del Pilar Abollado Amo Bachelor of Business Administration Business Administration Spain |
Fabian Leonard Bergen Bachelor of Science Mechanical Engineering Suriname |
Mbuso Mabuza Doctor of Public Health Epidemiology and Health Innovations Swaziland |
Robinson Ogwang Doctor of Business Administration Business Administration Uganda |
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Josephine Onyia Doctor of Education Educational Administration United Arab Emirates |
Wiltfer Mauricio Ordóñez Delgado Bachelor of Arts Arts and Paint United Arab Emirates |
Patrick Gregory Henry Bachelor of Science Refrigeration and Airconditioning United Kingdom |
Annabell Zavala Zavala Bachelor of Arts Languages USA |
Laura Yuranny Bocanegra Orozco Bachelor of Science Psychology USA |
Naveed Ahmad Bachelor of Science Computer Science USA |
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Alvaro Passaro Ferrari Doctor of Philosophy Psychology USA |
Maria Elena Zegarra Vasquez Master of Science Biotechnology USA |
Fidelis Ngochia Bachelor of Science Occupational Safety and Health USA |
Marvin Leal Hurtado Bachelor of Science Architecture USA |
Joiran Ibrahin Ruiz Castillo Master of Science Civil Engineering Venezuela |
Geroge Thole Bachelor of Science Animal Science Zimbabwe |
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ABSTRACT. Some countries
have proposed to introduce
a Covid-19 vaccine passport
in a bid to curb the spread
of Covid-19 and revive the travel industry and the global
economy. From a legal standpoint,
the term health passport
is controversial. Indeed, it is
necessary to differentiate the passport, which has a precise
legal meaning, and which certifies
the identity and nationality
of a citizen, from the concept of
a vaccination record. I. INTRODUCTION
The world pandemic is
currently facing is causing an
unprecedented human health
crisis. Travel restrictions and
then containment, put in place
by governments to stem it,
crippled global activity quickly
causing a socio-economic
crisis that is still struggling to
fully appreciate. The crisis has
also impacted Human Rights
in several ways.
First, because it mainly
affects those with political,
social, economic and cultural
rights, including women,
children, ethnic or religious
minorities, and people with
disabilities, refugees and
migrants.
Second, because the fight
against the pandemic serves
as a pretext for abuse by
regimes and governments
that are already reluctant to
respect Human Rights (David
Guyon, 2021). Far from reducing
international tensions, the
health crisis and its socio-economic
and legal repercussions
risk, on the contrary, having
a profound and lasting effect
on international relations,
contributing to more insecurity
and unrest on the whole
planet. The vaccine passport,
erected as a new sesame to
hope to travel freely within
a few months, explained this
Wednesday, March 17, 2021
Ursula von der Leyen, President
of the European Commission.
What is the legality
of this passport? What will be
the situation of people who
refuse to be vaccinated and
who find themselves totally
excluded from community?
This passport does not constitute
the official establishment
of discrimination?
The historical method
(Cibuka 2010-2011) consists essentially
of historical events
which leads to the adoption
of the text of the provisions
prior to the text to be interpreted.
It is, in a way, to make
history of his genealogy. The
exegetical method, on the
other hand, will help us to
interpret the legal instruments
both national, regional
and international in order to
understand the scope of the
legality or illegality of the
vaccination passport. The legal approach (Mpongo,
2001) consists in analyzing
and exposing positive law but
also in confronting the facts
and the law and which aims to
solve a problem of “dogmatic”
and “casuistry”, allowed us to
'analyze the texts relating to
the question of the vaccination
passport.
II. DISCUSSIONS
Currently, is there a vaccination
passport, that is, such
a title based not on identity or
nationality, but on the immunization
status of the people?
Things are clear on this point:
the answer is no. No national
or international standard recognizes
the term “vaccination
passport” or “health passport”.
Historically, the concept
is also unknown, even if the
eighteenth century, marked
by epidemics, saw the birth
of “health tickets” making it
possible to establish the “good
health status of travelers”. This
document is certainly compulsory,
but quite distinct, legally
at least, from the passport.
The introduction of a “vaccine
passport”, that is to say
the requirement of the possession
of an official document
justifying the realization of a
vaccine in order to be able to
escape certain restrictions of
freedom, constitutes a dangerous
slope which could well
spell the death knell for the
democratic soul of our modern
and civilized community.
France is considered the
cradle of vaccination with
Louis Pasteur. Since their
inception, vaccines have eradicated
a large number of contagious
diseases, particularly
affecting children. A country’s
vaccination policy therefore
constitutes an essential component
of its health policy,
which constitutes one of the
triptychs of public order.
According to the World
Health Organization (WHO), a
vaccine is a preparation given
to induce immunity against
a disease by stimulating the
production of antibodies. Immunization
coverage is the
proportion of people vaccinated
in a population at a
given time.
The vaccine will not be
compulsory, but to move
around, access transport or
certain activities, it will be
necessary. In other words,
freedom, equality, if you are
vaccinated. It should be noted
immediately that the debate
will not focus on whether we
are for or against this vaccine
but whether our community
is ready to agree to legalize
discrimination on the basis of
health by agreeing to exclude
from social life those people
who refuse to submit to it.
The vaccination passport
would indeed undoubtedly
constitute an infringement
of several fundamental rights
and freedoms, such as the
freedom of coming and going,
bodily integrity, and even
privacy.
To be constitutional, it
would then be necessary for
the requirement of such a
document to be absolutely
“necessary and proportionate”,
according to the formula usually
adopted, but the content
of which is flexible to assess
(there is no precise definition).
This question raises legal
difficulties which need to be
analyzed. These are not the
only freedoms destroyed.
However, given their importance,
it seems necessary
to indicate how this vaccination
passport destroys the
principles founding our recent
Communities. Freedom is the
right to be able to do anything
that does not harm others.
The freedom is here reduced
in the hypothesis that the vaccine
is not carried out or not
justified by an official document.
Indirectly but surely,
unvaccinated citizens will find
themselves deprived of the
right to undertake, to work, of
the freedom to come and go,
and of the right to respect for
private and family life.
This will also have an impact
on the property rights of
some who may find themselves
deprived of it as a result
of this social exclusion (Art. 17
of the DDHC).
In terms of international
law, we will mention the provisions
of Article 8 of the European
Convention on Human Rights. This text protects the
right to private and family life.
As such, the European Court
of Human Rights has developed
case law that protects the
private sphere in particular,
including the right to selfdetermination
and health.
Indeed, under Article 8 of
the EHR Convention, it has
long been recognized that
there is a right to consent to
care. (Court EDH, Pretty v
United Kingdom, April 29,
2002, n ° 2346/02).
The principle of equality
finds its source in constitutional
law and permeates all
of our law.
On the one hand, it implies
that all people placed in an
identical situation are treated
in the same way, which in turn
allows different situations to
be treated differently; on the
other hand, that it be possible
to derogate from equality
when a reason of general
interest justifies it.
In these two situations, the
difference in treatment that
may result must be directly
related to the purpose of the
standard which establishes it
and must not be manifestly
disproportionate in relation to
the reasons likely to justify it.
In international law we
speak rather of the right to
non-discrimination which is
protected in article 14 of the
European Convention on Human
Rights. In the opposite
pattern, which constitutes the
current situation, where access
to the vaccine is conditioned
and complex, such a provision
would result in the intolerable
creation of discrimination at
national level, it is not certain
that the same is true at the
international level.
This could then result
in inequality between rich
countries, where the inhabitants
would be free to move
around, because they hold
such a passport, and poor
countries, where the vaccine
is not available, and where
the population would therefore
be isolated.
CONCLUSION
The vaccination passport
is a very controversial from a
legal point of view and which
raises many more questions
than it answers. Indeed, it is
necessary to differentiate the
passport, which has a precise
legal meaning, and which certifies
the identity and nationality
of a citizen, from the concept
of a vaccination record.
Several disadvantages that
may be caused by this vaccination
passport: Violation
of Human Rights; discrimination
against minority groups
and the unvaccinated people
as well as young people and
children; Inaccessibility
and inequality of access to
vaccines. In International
Law, the approach differs
and seeks more the right to
non-discrimination.
Following the implementation
of the vaccination passport,
an element of the health
of individuals would lead to
the social exclusion of some
of them. Vaccinated citizens
would then be distinguished
from citizens who have not
received their dose of vaccine.
In other words, the
principle of the vaccination
passport could be considered
a discriminatory legalization
on grounds of health.
BIBLIOGRAPHY. Cibuka Baraminyi C. (2010-2011), Initiation to scientific
research, unpublished course, G1 Droit / UNIGOM, Goma, DRC | David
Guyon, Is the vaccine passport legal?, January 14, 2021, Accessed May 1,
2021 at 2:13 p.m. | Declaration of the Right of Man and of the Citizen,
set by France’s National Constituent Assembly in 1789. | European Court
of Human Rights (ECtHR), Pretty v United Kingdom, April 29, 2002, n°
2346/02. | Johann Soufi, The COVID-19 crisis: an opportunity to rethink
international investigation strategies? Published on November 20, 2020,
Accessed April 20, 2021 at 9 p.m. | Mpongo B.,(2001), Political Institution
and Constitutional Law, ton I Ed. Av Kinshasa, DRC. | Yoann Nabat,
Vaccine passport: is this legally possible? February 28, 2021, 7.28pm SAST,
Accessed April 20, 2021 at 9:00 p.m.
Culture is what human
beings have done. Culture
is our task that we have left to
future generations.
Culture is Science, Art, Religion,
Customs, that identify
human groups and that make
each of them a different set
of beings of the species called
homo sapiens.
The development of each
human group is made different
by the circumstances
that enter each formation
of the species. The climate,
the vision of life, the way of
appropriating the elements
of nature for existence, even
the elements that enter in the
way that life can develop.
A Culture is the
representation of the trajectory
of the human groups.
Each element of a culture
has its value: to say that only
the science that this group
does is valid and that the
dances that represent this
other indigenous group aren’t
culture is an error: these
dances have their meaning
in the development of those
beings. The work of human
groups is the legacy for subsequent
generations and it’s the
book of learning for the new
human lives.
We live in a world in which
we admire everything we do,
in any aspect, in this global
village, but everything that
exists, however extraordinary
it may seem, is the result of
the experience that is brought
as living beings.
This present world constitutes
what we call Civilization.
There are many who only
live in Civilization. There are
groups of human beings who
live with the thought that their
group is the best because they
did this and that.
History lets us see that
human groups that seem to
be better than others have
actors who determined that economic growth, and everything
that the economy can
bring, by the means of which
they appropriated to be left
with more resources.
Each human group, if they
had the same opportunities,
would surely have the same in
terms of benefits.
The vast majority think that
when it comes to Culture, it
refers to Art and Culture is all
human endeavor.
Civilization brings us
wonderful elements but at the
time we live there seems to be
a contradiction: the more science
and technology we have,
human beings seem not to
grow, from the human point of
view, in the same proportion:
a lot of technology but not a
lot of ethics.
It seems incredible that with
such a growth of science and technology we have towns
whose inhabitants move to
other regions that are not their
origin, looking for a way to
be able to exist: they lack the
minimum to be able to live.
In the times we live in;
regardless of the pandemic we
have, we already had problems
with migrations.
What happens to us as human
beings?
First of all, the sciences
dedicated to human life don’t
receive as many resources as
those that provide the power
of goods, for example, as the
sciences for war.
Where is the research in the
Human Sciences? We have a
lot of work ahead of us.
We see the way in which
food, health, education are
lacking for many human beings
while for others abundance
is an insult to others.
As for what we are leaving
as Culture to the following
generations, we should ask
ourselves the following question:
will it not be painful to
leave such an unequal world
to the following generations?
Living in this world of great
development of certain sciences
and technology, we witness
that everyone would like
a wonderful job that would
allow them to have a high
income to enjoy the extraordinary
life shown by the media.
Knowing for some is
making money. Knowledge
has as its first objective: to
know who we are, to know
where we are, to discover and
realize the skills we have and
through this: to achieve what
makes us happy.
There are many human
beings around the world who
think that they can skip some
stages of human development
and get a lot of money in the
job they want.
Yes, I go to a university
but I want my assessments
without reaching the necessary
knowledge.
I want the highest assessments
in this and in that, regardless
of what the teachers
tell me: knowledge is lacking
here; in this other also knowledge
is lacking.
There are many who think
that with a record full of “A” of
10 or 100 they will achieve the
success in their life.
There is something very
special: Knowledge is a Culture
and it’s built on thought.
Knowledge is building a
conception of life, happiness,
others, society and work.
Conceptions that have not
been forged in our brain can’t
be imaged.
When you arrive at a job
interview, just by being there
shows what you have in your
brain. When you start talking,
whatever it is, it also shows
what training that brain has.
Thinking that someone
with a scientific culture
is going to be deceived is a
mistake.
What hasn’t been worked
on in the brain isn’t achieved
in an instant.
What you have to do as a
student is, precisely, study
and when you don’t know
something: ask.
After leaving school you
have to continue studying for
all your life.
Studying for all your life
is no longer an obligation
because when you look for
a way to know during the
school stay, you always
want to know.
If you study, take advantage
of the opportunity that life
has given you.
We must learn
throughout life
to be happy which
was what we were
born for.
BIBLIOGRAPHY. Banco Mundial. Comunicado de prensa, septiembre
26, 2017. El Banco Mundial advierte sobre una “Crisis del aprendizaje”
en la educación a nivel Mundial. http://www.bancomundial.org/es/news/
press-release/2017/09/26/world-bank-warns-of-learning-crisis-in-globaleducation
| Organización de las Naciones Unidas para la Educación, la
Ciencia y la Cultura (UNESCO), página oficial. Educación. http://unesdoc.
unesco.org/images/0024/002472/247234s.pdf
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