Uruguayan judge who halted vaccination under scrutiny

Tuesday, August 9th 2022 - 21:38 UTC

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Uruguay's Supreme Court of Justice (SCJ) has launched an inquiry against Judge Alejandro Recarey for his July 7 decision to halt vaccination against COVID-19 of children aged 5 to 13 to determine which course of action to take regarding the magistrate's future.

Justice Rosario Sapelli of the 2nd Civil Court of Appeals will be in charge of the proceedings. Recarey will remain in office until a decision is made.

Recarey's ruling was repealed by the 6th Court of Appeals on July 26, on the grounds that the judiciary “cannot force the Administration to exercise, in a certain way, competencies that are its exclusive responsibility.”

After nulling two Recarey rulings involving COVID-19 prevention, the Court of Appeals sent over the file to the SCJ for further analysis.

Recarey granted an injunction suspending vaccination until certain conditions were met by the Health Ministry: divulging the contents of the vaccines and the purchasing contracts between the Uruguayan State and the pharmaceutical companies manufacturing the drugs.

The same Court of Appeals reversed another ruling by Recarey against the swabbing of two people when entering the country.

As per Article 239 of Uruguay's Constitution, the SCJ has disciplinary powers over judges for their actions and omissions in the exercise of their functions or outside them and also when they could have negative repercussions for the service of justice.

Judges may be disciplinarily corrected, regardless of other steps such as holding them accountable.