October 26, 2021 – Ali Bougrine, Managing Partner of UGGC Africa and Fabien Gagnerot, Senior Associate, were interviewed by the magazine Les Inspirations Eco on the vaccination pass in Morocco.
This interview follows the demonstrations that took place on October 24, 2021 in Morocco, after the entry into effect of the obligation to present a valid vaccination pass to access public administrations as well as most private shops and establishments.
The implementation of the vaccination pass in Morocco, which took place initially through a press release by the Government, raised some valid questions regarding its legal basis and scope. As the press release mentioned that all public and private sector officials shall ensure that the measure is implemented, under their direct legal responsibility, it is however difficult to determine the exact scope of responsibility at stake in the absence of a clear legal and regulatory framework, explained Ali Bougrine.
Whether or not the implementation of the vaccination pass represents, as is believed by some, a violation of one’s fundamental rights, Fabien Gagnerot added that “the freedom of movement, which is a constitutionally guaranteed right, of the persons concerned is necessarily impacted by its implementation. It is however to be reminded that if fundamental freedoms are undamental indeed, they are not absolute either and can thus be restricted to safeguard other constitutionally guaranteed fundamental rights” .
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