The appeal of 600 French no vaxes rejected: for the judges, people are not exposed to irreparable or imminent risk. Furthermore, the protection of public health always prevails. All other rulings on the matter
The European Court of Human Rights (Cedu) established that the green pass and the rules for combating Covid do not violate people’s rights. The Court – which is based in Strasbourg – on 29 August rejected a complaint filed by about 600 French firefighters on no vax positions or in any case contrary to the limitations of individual choices regarding vaccinations introduced in their country. Although it concerns a norm of the French government, the sentence risks having an impact on similar cases in other countries as well. For example Italy, where the names on green passes and vaccines are very similar to those adopted by Paris.
The firefighters had asked the Court in particular to rule on two questions: suspension of the obligation vaccination for certain categories of workers introduced in August by France e provisions limiting work for people who did not want to get immunized against Covid. They had been called into question the right to life and the right to respect for private life (Articles 2 and 8 of the European Convention on Human Rights). They had also asked for a ruling with urgency character. The no of the ECHR first came to this last point: in fact, the Court ruled on urgent requests only in cases where people are exposed to irreparable and imminent damage. This was not considered the choice not to be vaccinated.
The ECHR noted a line already expressed in other judgments (for example that of last May in which they considered the lockdown legitimate following an appeal lodged by Romanian citizens against their government) according to which theto protect public health and the individual, it prevails over other interests. Furthermore, the verdict of 29 August is in line with the rulings of other judges: even for the French Constitutional Court the green pass is legitimate. In Italy, several courts of first instance have already rejected the appeals of no vax doctors and nurses who had been suspended from service (for example in Belluno, Verona and Modena or the Friuli Venezia Giulia TAR). The opposite is true of what is happening in Spain: here the regional courts (last in order of time that of the Galicia) canceled the green pass, deeming it illegitimate, albeit due to procedural irregularities. The magistrates of theAndalusia and Cantabria.
September 14, 2021 (change September 14, 2021 | 11:41)
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