Notice of Application Before Court Concerning Compulsory Vaccination of Certain Workers Imposed By French Law On Health Crisis
Alessandro Di Pietrantonio,
International Justice Team.
The case concerns the compulsory Covid vaccination imposed on the applicant, on account of his activity as a professional firefighter, based on Law no. 2021-1040 of 5 August 2021 on the management of the health crisis. Section 12 of this law lists the persons subject to compulsory vaccination against Covid-19, which is imposed, in the case of firefighters, because of their occupation. From 15 September 2021, the professionals concerned are no longer allowed to do their job if they have not fulfilled the obligation to present their certificate of vaccination status showing that they are fully vaccinated. In such cases, they can be suspended from their duties or their employment contract, which means that their pay is stopped, for as long as they fail to fulfil the compulsory vaccination conditions. Relying on Article 8 (right to respect for private and family life) taken separately and in combination with Article 14 (prohibition of discrimination) of the Convention, and Article 1 of Protocol No. 1 (protection of property), the applicant complains that he is subject to the occupation-based compulsory vaccination under Law no. 2021-1040 of 5 August 2021. Moreover, the Court received in August an interim measure request from 672 firefighters, including the applicant in the present case, in which it was asked for a suspension of the compulsory vaccination imposed by the Law of 5 August 2021, but the Court rejected the request.
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