"Health pass": the French Constitutional Council validates most of the system

Some demonstrators opposed to the "health pass" had met this Thursday in front of the headquarters of the Constitutional Council.

But the latter has validated the main provisions of the bill.


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The law establishing the "health pass" as well as the compulsory vaccination of caregivers was validated, this Thursday, August 5, 2021, by the French Constitutional Council.

The Sages of the rue de Montpensier have nevertheless censured several provisions provided for in the government project.


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The legislator pursued the objective of constitutional value of health protection

 ", announced the members of the Constitutional Council this Thursday, August 5, at the time of validating in broad outline the principles relating to the "sanitary pass" and to the vaccination obligation of caregivers.

However, they believe that the compulsory 10-day isolation provided for patients is not " 

necessary, appropriate and proportionate


The Constitutional Council refers to a deprivation " 

without an individual decision based on an assessment of the administrative or judicial authority


The measure is censored.

The Wise Men have also failed to comply with the provisions laid down in terms of termination of fixed-term contracts (CDD) for employees who do not present the "pass" when their activity requires it.

They consider that this would be a “ 

difference in treatment

 ” with people on open-ended contracts (CDI), who cannot be dismissed for this reason.

The "sanitary pass", a bill adopted at the end of July by Parliament, may also be required, as of Monday, August 9, for leisure activities, in cafes and restaurants, including on the terrace, as well as within department stores and shopping centers “ 

beyond a certain threshold defined by decree

 ”, in the event that “ 

the seriousness of the risk of contamination

 ” at the level of a department would justify it.

Regarding department stores and shopping centers, the prefects must nevertheless guarantee "

 people's access to essential goods and services as well as to the means of transport accessible within the confines of these stores and centers


The Council refers to a principle of " 

balanced reconciliation

 " between the requirements of protection of health and individual freedoms. Thus, concerning shopping centers, "

 the prefect will be required to respect the criteria of proportionality

 ", specifies to Agence France-Presse a source close to the institution of the rue de Montpensier.

The Constitutional Council has also validated the obligation of the "health pass" for visitors or non-urgent patients in health establishments and retirement homes, but it specifies that this can be done as long as the latter does not "

 obstruct access to care



We will never stop treating anyone,

 ” also reassured the French Minister of Health, Olivier Véran, during a meeting with caregivers on Thursday.


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