With the start of face-to-face training, teachers were obliged to perform PCR tests twice a week against the coronavirus. While the reactions to the test requirement are increasing, "Eğitim-Bir-Sen" edıcation union announced that they will provide legal support to its members who will suffer during the PCR test requirement. In the statement, which noted that the PCR test requirement introduced had no legal equivalent, it was underlined that it was a decision that did not befit the state of law. In the statement made by "Eğitim-Bir-Sen", it was underlined that the sacrifices of the teachers who worked without damaging the education during the epidemic process should not be forgotten, and it was noted that the educators wanted the epidemic to end and they tried to comply with the measures in this direction.
"THERE IS NO LEGAL BASIS"
Despite the sacrifices of the teachers, the test requirement is not acceptable and unsustainable.
"As a result of this erroneous practice, there is no legal basis for the education staff to be required to submit their vaccination information in order to be able to perform their profession at schools, or PCR test information if they have not been vaccinated. The General Public Health Law No. 1593 does not authorize the administration in this regard, and it is clear that the requesting of health information without the consent of the person, as well as the imposing administrative acts that will make vaccination a mandatory outcome rather than an individual choice, will not suit the rule of law," it was stated.
Emphasizing that it is not legally possible to request the submission of vaccine information and PCR test results, it was stated that there is no legal provision for a judicial sanction to be made against education employees who do not submit the required documents in this regard.
In the statement, "It will constitute a clear violation of the rule of law and the law if the education staff who do not want to be subjected to medical intervention without their consent by using their constitutional and legal rights and who do not want to share the results of vaccine and PCR test, which are sensitive personal data, are subject to disciplinary investigation, penalty or administrative fine for this reason. As Eğitim-Bir-Sen, we will provide all kinds of legal support by standing by our members who have been subjected to such unlawful and unlawful sanctions and attempted to be detained in this process; We will not remain silent when unlawfulness becomes a rule with a fait accompli," it was added.