They condemn the Basque Government for “violating the right to physical integrity” of the Ertzaintza agents
The TSJPV says that it omitted “totally or partially” labor protection measures against the covid and that conduct created “a serious danger to health.” Very serious for the Basque Government
The Social Chamber of the TSJPV has partially estimated a lawsuit filed by the ErNE union and condemns the Basque Government for “violating the right to physical integrity” of the Ertzaintza agents for having “totally or partially omitted the labor protection measures ”That were“ required ”due to the pandemic generated by the covid-19.
In the lawsuit filed by ErNE, the union requested that the fundamental right to physical integrity and health of the Ertzaintza officials be declared violated “as the necessary preventive measures have not been applied” to preserve the right to integrity and Agents’ right to health since the state of alarm was decreed.
The ruling of the judgment ensures that the Basque Government “violates the fundamental right” of the Ertzaintza civil servants to integrity, in its exclusively physical aspect.
The TSJPV makes this consideration when estimating that the Executive has “totally or partially omitted the labor protection measures” that were “required” due to the pandemic generated by covid-19.
Therefore, it condemns him to carry out the omitted actions and that, at the time of the oral hearing, they were specified “in the need to provide all agents with the means of protection consisting of masks, glasses, disposable gloves, divers and infectious waste containers ”.
The judgment, against which there is an ordinary appeal, rejects other requests made by ErNE, such as those relating to the disinfection of rooms and vehicles because it has been carried out from the beginning.
The TSJPV, after analyzing the different measures adopted, determines the “infraction” of the Basque Government in matters of occupational risk prevention and considers that the autonomous Executive “has violated the right to physical integrity of the personnel who are part of the Ertzaintza”.
In his opinion, “his actions, or rather his omission during a certain period” has been a “significant risk that the injury may occur” and “has created a serious and certain danger to the health of the officials affected for this lawsuit ”.
However, the TSJPV recognizes that there are circumstances that “temper the significance of their inactivity” such as, for example, that this situation was “difficult to foresee”, at first, especially in relation to the “so negative” effects . “But, once they are known, to a greater or lesser degree, there is a clear setback in reacting quickly and effectively,” he added.
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