La objeción de conciencia en el proceso de inoculación durante la pandemia COVID- 19

Abstract

Conscientious objection is a constitutionalized freedom right, which the state grants to the individual, permissibility to object prior justification to the normative imperative. During the inoculation process against Covid 19, certain resistant groups have been identified that boost herd immunity, hindering the eradication of the risk of infection that exacerbates the health crisis. Religious identity and practice, indigenous culture and ideological manifestations are primary factors that inevitably affect the behavior of the individual. The cultural heritage of each social regime, the universality of change and progress is not indifferent to the human race; however, the coercibility of the state is not optional when individual freedom limits the freedom of others in law. It is essential to study and analyze through investigative tools, the ontological approach and appreciation of the conjecture in individuals or minority groups, incorporating particular information to resolve the substantial problems that arise from the social and legal fact. The problem does not lie in the individual or groups opposed to the norm, it is the same legal body that allows the collision between principles in the first place, and through the analysis, interpretation and weighting of the hypothetical controversy it is corrected by the judiciary subject to the control of constitutionality; fairly by limiting or restricting one principle to the other. A potiori, the state in compliance with its duties and powers is the pertinent entity to solve the collision of principles through the judiciary, it is the executor of suitable and evaluable public policies in order to eradicate the incipient problems.