Suspended rights and conditional freedoms: a point of no return for our legal system

15 January 20222 years ago babelfish

"Who controls the past controls the future: who controls the present controls the past" . Control time to control minds: the Orwellian prophecy is being fulfilled even beyond its most "optimistic" predictions. The most incredible thing is that our recent past, even if imperfect and problematic, has been denigrated, vilified, denied several times; a past that is now only a faded memory as we are doomed to navigate as humanoids in this alienating struggle for survival.

Not surprisingly, one of the many phrases with which they have tried to appease us since the beginning of this new era of obscurantism was: "We will not go back to normal because normal was the problem" . Now, these sophists of nihilism should be asked what would be the cause and effect relationship between "normality" and the Chinese disease that has revealed itself not only in terms of health problems but also as an anti-democratic infection.

As usual, they will take refuge in prevarications and moralistic digressions. Or, at most, they will limit themselves to explaining to us that "we are in full pandemic" and therefore all this talk is superfluous, we must listen to the scientists accredited by mainstream information and accompany the recalcitrant to some rehabilitation center inspired by "The island of silence ” told by Verbitsky or induce them to renounce their ideas with consequent repentance and conversion. In short, we are prisoners of health dogmas and fundamentalisms that silence contrary opinions and sterilize rational thought.

The not very encouraging prospect in an intellectually lazy and culturally conformist country is that, by prolonging this emergency indefinitely, there will no longer be natural rights but only conditional rights subject to prior authorization. And questioning the compatibility between the myriad of health standards produced with continuous revenue and the principles of a modern democracy will become an exercise in style, reserved for a few diehard dissidents who still do not resign themselves to the loss of freedom.

For this reason, the substantial absence of debate on this point should not come as a surprise. Yet there are many critical issues, starting with the instrument used to impose a formal obligation on the over 50s and in fact on the rest of the population with the heavy penalties deriving from non-possession of the Green Pass ; an obligation, moreover, indefinite in its duration and in the number of administrations. The art. 32 of the Constitution, in fact, provides for a "reinforced" law reserve, that is, the rights and freedoms of citizens can only be affected by a parliamentary law and not by decree. At least this was the ratio that inspired the constituent fathers following a paradigm of a guarantee nature. On a practical level, it is easy to observe that proceeding with the decree law means producing irreversible effects even before the conversion of the parliamentary halls. Without considering that the consequences of any avoidance can, at most, be of a pecuniary nature, leaving the subject the possibility of evading the obligation with the payment of a fine, precisely to prevent the imposition from becoming a mandatory health treatment. and exceeds the limits of "respect for the human person". In summary: the puncture cannot be imposed through the public force or the penal code as well as proposed in some talk-show.

Instead, through the tool of the Green Pass , the stakes of art. 32 and much more stringent limits are set, such as the loss of work or exclusion from social life, which heavily condition the will of the individual who is coerced in a surreptitious manner. All this, however, is neither compliant with the European regulation, a hierarchically prevalent source compared to the internal standard, which had introduced the green certification for free circulation in the continental area, identifying two insurmountable principles: no obligation and no discrimination for injection dodgers. . In addition, there are international treaties, such as the Oviedo Convention, which protect the position of the individual and his free self-determination. Instead, from the point of view of the Italian legislator, there was no balance between conflicting values. The prevalence of the generic and collective right to health has been sanctioned over all other constitutional rules, arriving at the paradox that a formal obligation (albeit highly questionable in other respects, in particular that of free membership) would have been more respectful of the general rules of 'order with respect to the imposition of the Green Pass . Also because, as per the jurisprudence of the Council, it would have been accompanied by the provision of specific compensation in the event of adverse reactions with the consequent abolition of informed consent (which is not so well informed).

This being the case and looking at them in an Orwellian dimension, the relationship between State and citizen is completely overturned with the second presumed guilty (or presumed positive) regardless and the first exempt from any responsibility. The burden of proof is reversed and what is the cardinal principle of every modern democracy is altered: respect for the rules also by the state. Instead, in this dark age for rights, the state commands and the citizen obeys with a melancholy metamorphosis into a subject, subjected to punishments and punishments if he does not comply with the pandemic diktat.

So, at the point of no return at which we have reached, there is no longer any health issue at stake but the model of society that will accompany us in the coming decades. The alternative is between an open, tolerant, even liberal society (although this ideology is considered as a heresy in our country) and a dull, rancorous and biologically selected society in which the alleged progressives of yesterday will triumph. become the priests of today's regressist front. To paraphrase Orwell: whoever controls this dystopian present will also control the near future. A future very similar to a past that we believed was overtaken by time and defeated by events.

The post Suspended rights and conditional freedoms: a tipping point for our legal system appeared first on Atlantico Quotidiano .

This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL https://www.atlanticoquotidiano.it/quotidiano/diritti-sospesi-e-liberta-condizionate-un-punto-di-non-ritorno-per-il-nostro-ordinamento/ on Sat, 15 Jan 2022 03:46:00 +0000.