A Lebanese citizen has secured his right to receive the COVID-19 vaccine through a court ruling, under the threat of a coercive fine to ensure his appointment for the vaccination.
The National News Agency reported that Judge Carla Shouha, in an expedited decision, ordered the Ministry of Public Health to administer the COVID-19 vaccine to the concerned citizen, under the potential for a coercive fine. The ruling's details indicate that Mr. Joseph H. filed a request through his lawyer, Fadi Al-Hajj, on March 2, 2021, seeking a decision based on Articles 579 of the Code of Civil Procedure, which mandated the Ministry of Public Health to promptly administer the imported COVID-19 vaccine, with the court determining the amount of the coercive fine. He also requested the appointment of an expert to monitor the electronic platform launched by the ministry for vaccine acquisition to protect his right to receive the vaccine, at the ministry's expense. Additionally, he reserved the right to sue the ministry and the members of parliament and general managers who had received the vaccine.
The agency clarified that the petitioner, born in 1941, suffers from a blockage in the main artery of his left leg, requiring lifelong medical treatment, and belongs to the most vulnerable group at risk for the COVID-19 pandemic. He registered for the vaccine through the ministry’s electronic platform but was surprised, like many others, by the public statement from the Minister of Public Health regarding the vaccination of several deputies and general managers, bypassing their roles as stipulated by existing criteria. These alleged violations were also discussed in a press conference led by Dr. Abdel Rahman Bizri, the head of the National Committee for Combating the COVID-19 Pandemic.
The ruling concluded that the Ministry of Health, through its unjust and unwarranted actions, had discriminated against the petitioner compared to others who received the vaccine to date without any legitimate justification, thus violating the principle of equality. Therefore, based on Article 579 of the Civil Procedure Code, in conjunction with Articles 589 and 604, it was decided to compel the Lebanese state — Ministry of Public Health — to administer the COVID-19 vaccine to the petitioner according to the established procedure within 48 hours of receiving this decision, under the threat of a coercive fine of ten million Lebanese pounds for each day of delay in execution.
