Since Wednesday, nearly 3 million caregivers must be at least partially vaccinated against Covid-19 to continue working.
The law providing for this obligation was passed on August 5.
Internet users maintain that this obligation does not hold because the implementing decrees have not yet been published.
The decree was published on August 7, as a researcher explains to
20 Minutes
.
They are 2.7 million caregivers to have to justify, since Wednesday, to have received at least one dose of one of the vaccines against the Covid-19 to continue working.
Otherwise, they risk suspension.
If the majority of these professionals are already fully vaccinated, some argue that this constraint is not legal and cannot be applied.
The government has not yet published the implementing decrees for the law of August 5 which establishes this vaccination obligation.
Internet users rely for this on a Senate link dated August 27, which recapitulates the progress of the application of the law.
The question is complex.
20 Minutes
asked Stéphane Brissy, lecturer at the University of Nantes and member of the Institute of Law and Health at the University of Paris for clarification.
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It is not necessary that an implementing decree be promulgated for each article of the law voted, recalls the researcher.
A decree is only necessary to clarify certain points of a legal text.
For the law of August 5, it is a question of giving the list of elements making it possible to establish a certificate of vaccination status, as required by title II of article 12 of this law.
A decree was published two days later, on August 7, to specify them.
The application of legislation sometimes resembles the game of Tetris, and this is the case here: you have to go and find a decree published on June 1 (in this case article 2-2), modified by the decree of 7 August, to find these items. Thus, a caregiver will be considered fully vaccinated 28 days after receiving a dose of Janssen vaccine, or seven days after the second dose for other vaccines. This seven-day period is valid after the first dose for people who have already been infected with Covid-19.
In addition, the Senate has, since August 27, updated its page of monitoring of application of the law.
The decree of August 7 is well represented there.
The institution also confirms to
20 Minutes
that this decree specifies "the supporting documents that professionals subject to the compulsory vaccination against Covid-19 must present in order to be able to continue to exercise".
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Coronavirus: Where is the vaccination of caregivers on the first day of its obligation?
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