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PASQUINELLI AND OTHERS v. SAN MARINO
Doc ref: 24622/22 • ECHR ID: 001-222487
Document date: December 12, 2022
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PASQUINELLI AND OTHERS v. SAN MARINO
Doc ref: 24622/22 • ECHR ID: 001-222487
Document date: December 12, 2022
Cited paragraphs only
Published on 9 January 2023
FIRST SECTION
Application no. 24622/22 Rossella PASQUINELLI and Others against San Marino lodged on 30 April 2022 communicated on 12 December 2022
SUBJECT MATTER OF THE CASE
The application concerns twenty-six applicants, health care and social health workers, employed with the San Marino social security service and other public entities, who refused to be vaccinated against Covid-19. The latter was an obligation imposed by law to their professional sector (Section 8 of Decree no. 107 of 2021 entitled Update of the provisions for the relaxation of the Covid-19 epidemic management measures). As a result, in line with the same law, the applicants were temporarily suspended from their functions without pay. During such time, in line with the same law, the applicants were deployed elsewhere at a pay of 600 euros monthly. Sections 2 and 6 of Decree no. 107 of 2021 also provided for certain liberties for vaccinated persons in the sector, such as non-compulsory mask-wearing and no physical distancing.
Following an application by popular initiative (lodged on 27 July 2021 upon the collection of 750 signatures), by means of a judgment no. 11 of 2 November 2021, the Constitutional Court confirmed the legitimacy of the impugned law and its compatibility with the San Marino Constitution, the Convention, and other instruments.
QUESTIONS TO THE PARTIES
1. Bearing in mind the obligation for the applicants, as health care and social health workers, to get vaccinated against Covid-19 in accordance with Section 8 of Decree no. 107 of 2021, have they suffered a violation of their right to private life, contrary to Article 8 of the Convention?
2. Bearing in mind the obligation for the applicants, as health care and social health workers, to get vaccinated against Covid-19, and the liberties afforded to vaccinated personnel as provided in Sections 2 and 6 of Decree no. 107 of 2021, have the applicants been subjected to discrimination contrary to Article 1 of Protocol No. 12 and Article 14 of the Convention in conjunction with Article 8?
3. The parties are invited to inform the Court as to whether the relevant measures are still in place, and if not when the applicants’ deployment came to an end, as well as to give details about the type and nature of the deployment in the case of each applicant.
APPENDIX
List of applicants
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.Rossella PASQUINELLI
1972San Marinese
Dogana
2.Christina ACHILLI
1984San Marinese
Falciano
3.Monia BATTISTINI
1971San Marinese
Borgo Maggiore
4.Roberto BATTISTINI
1962San Marinese
Domagnano
5.Deborah BECCARI
1975San Marinese
Chiesanuova
6.Katia BONIFAZI
1989San Marinese
Domagnano
7.Lucia BONINI
1976San Marinese
Domagnano
8.Rita CIOCCI
1964San Marinese
Fiorentino
9.Linda CONTI
1982San Marinese
Serravalle
10.Davide DE BIAGI
1971San Marinese
Acquaviva
11.Lucilla FELICI
1964San Marinese
Serravalle
12.Barbara FORCELLINI
1973San Marinese
Serravalle
13.Valentina FRANCIONI
1959San Marinese
Borgo Maggiore
14.Silvia GABOTTI
1973San Marinese
Serravalle
15.Mascia GARUFFI
1972Italian
Borgo Maggiore
16.Romina LONGHI
1975San Marinese
Falciano
17.Simona MAZZUCCO
1969San Marinese
Dogana
18.Beatrice PACI
1973Italian
Città di San Marino
19.Ala ROMAN
1967Moldovan
Fiorentino
20.Silvia SASSO
1978Italian
Falciano
21.Jerome STEFANELLI
1982San Marinese
Borgo Maggiore
22.Antonella TRONTO
1964Italian
Borgo Maggiore
23.Alicia Daniela VALDIVIEZO
1987San Marinese
Dogana
24.Massimo VIGNALI
1963San Marinese
Falciano
25.Milena VITALI
1973Italian
Falciano
26.Anna Maria ZANOTTI
1965Italian
Forlì-Cesena
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