Information Note on the Court’s case-law 255

October 2021

Thevenon v. France (communicated case) - 46061/21

Article 8

Article 8-1

Respect for private life

Compulsory Covid-19 vaccination imposed on the applicant, on account of his occupation, under the law on the management of the health crisis: communicated

Article 14

Discrimination

Compulsory Covid-19 vaccination imposed on the applicant, on account of his occupation, under the law on the management of the health crisis: communicated

The application concerned the imposition on the applicant of a compulsory vaccination on account of his occupation as professional firefighter, under Law no. 2021-1040 of 5 August 2021 on the management of the health crisis. Article 12 of that Law enumerates the categories of people who must comply with the Covid-19 vaccination requirement, except where there is a medical impediment, either because of the place where they work or on account of their occupation, as is the case for firefighters. From 15 September 2021 onwards (a deadline deferred to 15 October for those who, where the vaccination consists in more than one dose, can prove that they have had the first dose while also presenting a negative test result), the occupation-holders concerned can no longer continue to work unless they present their vaccination certificate. With their employer’s approval, those concerned can make use of their paid leave entitlement. Otherwise they will have their duties or contracts suspended, with stoppage of pay, for as long as they fail to comply with the vaccination requirement.

Communicated under Article 8 of the Convention, taken separately and in conjunction with Article 14, and Article 1 of Protocol No. 1, with a question on the exhaustion of domestic remedies (Article 35 § 1).

(See also Zambrano v. France (dec.), no. 41994/21, 7 October 2021, Legal summary )

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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