Ingrid Leijten: 'Strong justification needed to introduce 2G policy'
To what extent can Parliament limit freedom with the so-called 2G policy? Associate Professor of Constitutional and Administrative Law Ingrid Leijten of Leiden University discussed this topic on NOS Nieuws en Co.
Leijten believes that the introduction of a 2G policy, where people only get a QR code if they are fully vaccinated or have recovered from Covid, is a far-reaching measure. 'From a fundamental rights perspective, you must have a strong justification and have Parliament on your side. This touches on fundamental rights, such as the right to privacy, physical integrity and the prohibition on discrimination. It’s also important to realise that these kinds of rights are not absolute: restrictions are allowed, but to do so you have to follow the prescribed route.'
Generally speaking, two requirements must be met says Leijten. 'Who should decide? If there is a major violation of human rights then the legislature should do so, so that we are indirectly involved in the discussion. In addition, a restriction of fundamental rights must not go beyond what is necessary and proportionate.'