Elise Denjean, edited by Laura Laplaud 9:59 am, October 11, 2021
A dozen unvaccinated caregivers have lodged an appeal against their suspension from work without pay, after their refusal to present the health pass.
Among the administrative courts concerned, that of Besançon which must render its decision on Monday.
Unvaccinated caregivers strike back.
They are civil servants, independent, liberal, surface technicians and they represent only 0.7% of the profession according to the Ministry of Health.
But they decided to make themselves heard.
A dozen unvaccinated caregivers, suspended after their refusal to present the health pass, filed summary proceedings before the courts.
This is particularly the case in Besançon where the administrative court must render its decision on Monday.
Does the vaccination obligation for caregivers comply with French and European law?
These appeals question the law of August 5, 2021 which provides for these suspensions: does this law comply with French and European law?
According to the Franche-Comté lawyer who defends these caregivers, the text violates both medical confidentiality and the right to respect for private life.
However, the judges seized do not have the possibility of annulling the law but they can annul, on a case by case basis, a particular decision and thus allow the reinstatement of the caregivers concerned, while awaiting a trial on the merits.
Some lawyers hope that a favorable ruling can set a precedent.
Similar procedures are being carried out in Grenoble, Caen or even Troyes, some have already been rejected, such as in Munster, in the Haut-Rhin.