A complainant informed us of issues pertaining to recovery from COVID-19. She believes that the introduced measures violate her freedom of movement because she is not a danger to society. She wanted to receive a certificate of recovery from COVID-19. She contacted the NIJZ and the Ministry of Health. The Ombudsman addressed an inquiry to the NIJZ and the Ministry of Health. The Ministry of Health, which had also acquired the opinion of the epidemiological section of the NIJZ, requested an opinion from the Expert Group for COVID-19. The Expert Group has confirmed the proposal for the exemption of submitting a negative test for persons who have recovered from COVID-19. In the event of a positive PCR or rapid antigen test for the period of three weeks to three months from the start of the disease, the person is considered as not being infectious and does not need additional testing. In cases in which fewer than three weeks have passed since the start of the disease or in the event that an infection has been confirmed, the serological infectiousness is assessed by a personal medical practitioner.
* * *
The Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) has received a complaint in which the complainant was stated to have recovered from COVID-19. Due to the measures introduced for the prevention of COVID-19, she believed that her right to movement had been violated as she had recovered from the disease and has not presented any risk of infecting other people. She also took the antibody test which demonstrated the presence of antibodies. The complainant wanted to receive a certificate of recovery so that she would be able to move freely and show that no testing is required for her where it is deemed mandatory. With regard to the issue of the certificate of recovery, the complainant turned to the National Institute of Public Health (NIJZ) and the Ministry of Health (MZ) but has not received any reply therefrom. Therefore, she turned to the Ombudsman.
The Ombudsman addressed an inquiry to the NIJZ and the Ministry of Health. We wanted to know whether the institutions are preparing possible guidelines for people who have recovered from COVID-19, what recovery from infection means for an individual from the aspect of considering preventive health measures and from the aspect of vaccination against COVID-19. We also expected that the NIJZ and MZ will respond to the complainant.
The NIJZ informed us that they had adopted a standpoint with regard to COVID-19 recovered persons and sent it to the MZ, the Expert Group for COVID-19, i.e. to consider it and adopt a standpoint. The epidemiological section of the NIJZ standpoint is: “If recovery from the COVID-19 disease has taken place within 1 to 3 (6) months and this is proven by a medical certificate, it can represent an alternative to a negative COVID-19 test result for individual activities for which a negative test is required.” The NIJZ has also emphasised that respecting the basic prevention measures to prevent the spreading of COVID-19 (hand hygiene, cough hygiene, social distancing, mask use, air ventilation of rooms) must be implemented despite recovery from the disease or vaccination against COVID-19 until society achieves a level of protection that will enable the abandonment of basic preventive measures.
The Ministry of Health acquired expert standpoints prepared by the consilium of the Department of Infectious Diseases at the Ljubljana University Medical Centre and the standpoint of the NIJZ epidemiological section with regard to the impact of recovery from COVID-19 on the requirement to submit a negative test for individual activities. On the basis of this documentation, the Ministry of Health asked the Expert Group for COVID-19 to issue an opinion with regard to the possibility of exception from testing if a person has recovered from COVID-19. The Expert Group has adopted the following decision: “The Expert Group has confirmed the proposal for the exemption of submitting a negative test for persons who have recovered from COVID-19. In the event of a positive PCR or rapid antigen test for the period of three weeks to three months from the start of the disease, the person is considered as not being infectious and does not need additional testing. In cases in which fewer than three weeks have passed since the start of the disease or in case the infection has been proven, the serological infectiousness is assessed by a personal medical practitioner.
Persons who have recovered from COVID-19 are usually immune from 3 weeks to 3 months from the date of confirmed infection. Persons can prove this with a positive SARS-CoV-2 swab result by a PCR or rapid antigen test that is older than 3 weeks and not older than 3 months from the date of the positive swab test. It is considered that the person is not infectious during this period and does not need additional testing. In cases in which fewer than three weeks have passed since the start of the disease or if the infection has been proven, the serological infectiousness is assessed by a personal medical practitioner. A form issued by the medical practitioner, confirming that a person is no longer infectious, is also valid as evidence that a person has recovered from COVID-19. The Ministry of Health has also prepared a proposal of the form for the health certificate.
The Ministry of Health also issued a standpoint with regard to vaccination and protection against COVID-19 infection. The opinion, adopted by the Vaccination Expert Group with regard to health staff testing is that after full vaccination, protection is established after seven or fourteen days from the receipt of the second vaccination dose, depending on the type of vaccine. When protection is established, testing is no longer needed in the following three months except if the person develops disease symptoms. In the future, when the number of fully vaccinated people will be greater, the Ministry of Health will approach the regulation of certain exceptions in regulations such as those pertaining to testing.
The complainant received the answers of the NIJZ and MZ. The Ombudsman assesses that the NIJZ and MZ have violated the good management principle by not responding to the letter of the complainant and by doing so only after the Ombudsman’s intervention. We welcome the efforts of the NIJZ and MZ, which have together formed and adopted the standpoint on the consideration of people who have recovered from COVID-19. 9.4-1/2021
