The Strasbourg administrative court on Monday rejected the requests of two unvaccinated caregivers from the hospital in Munster, in the Haut-Rhin.
This couple was challenging their suspension in court, following their decision not to be vaccinated. These Loewel hospital officers can no longer exercise since September 15, and the entry into force of the vaccination obligation for their profession.
They had therefore seized September 20 administrative justice in summary proceedings. They denounce a decision which deprives them of their salary, their resources, while they have in particular a mortgage to repay. According to them, the vaccination obligation would also be an attack on their privacy, and an attack on their fundamental freedoms and the right to dispose of their body.
But justice did not accept these arguments. In its decision, the Strasbourg TA considers “that none of the pleas raised by the applicant is, in the state of the investigation, of such a nature as to constitute a serious and manifestly illegal interference with the fundamental freedoms invoked “.
“Don’t stop there”
In detail, the court considered that the suspension of the couple by the hospital in Munster was proportionate and legal. This decision does not bear “a serious and manifestly unlawful interference with his right to respect for his private life and his physical integrity “ according to the summary judge.
“Of course, it’s a disappointment, it’s a feeling of not having been heard. Now, we expected a little in view of the current context. We suspected that this is not a fight that would be easy to win. But we always hope to be heard. Here there is a real difficulty which arises, it is that you can only continue an employment contract if you are vaccinated. at the very least this argument could be heard. This was not the case. Of course, it is not simple“, says the lawyer of the couple Aurore Martin Keusch-Luttenauer.
This decision could in addition set a precedent, because it is one of the first in France, since the obligation of vaccination against the Covid for caregivers.
“The court only applied the opinion of the Council of State when the law of August 5 was only a draft. It applied the decision of the Constitutional Council. The decision is therefore logical” considers Maître Didier Clamer, lawyer at the Loewel hospital.
According to him, the court therefore decided the substantive issue directly. Specifying that there was no violation of fundamental freedom. And that the applicants knew what to expect if they did not get vaccinated.“They were warned by a note, then by individual letters, then interviews“specifies the lawyer of the hospital.
But the Munster caregivers do not intend to admit defeat.
“It seems obvious that we are not going to stop at this decisionsays Master Aurore Martin Keusch Luttenauer.
And they could be helped by the increasing legal pressure. In the Haut-Rhin, a lawyer will sue the State on behalf of 400 plaintiffs in this case of compulsory vaccination for caregivers.