“It seems that being a vaccine conscientious objector works… So here is the link to the text in PDF”, promotes a Twitter user defining himself as a “free electron”.
Like him, hundreds of French people, the vast majority of whom are opponents of vaccination against Covid-19, have published on social networks what they believe to be a “new trick” to access places subject to the vaccine pass.
Some do not hesitate to support their discovery by rejoicing that Olivier Véran “hates” this scheme.
Several blogs or conspiratorial news sites have relayed the document that they believe should be used to avoid vaccination and be able to bypass the vaccination pass, even going so far as to share a link from the Senate which would authorize it.
It is actually only an amendment, proposed by LR senators, on which it is clearly written that it was rejected.
This conscientious objection cannot actually be used within the framework of the law applying the vaccination pass.
Explanations.
What the anti-pass wields
The message most often relayed is a so-called testimony from actress Anny Duperey who explains how she was able to take the train and go to the theater without a vaccination pass but thanks to a declaration of "vacuum conscientious objector". (sic).
We have attempted to reach out to the iconic 'Great Family' actress to verify if she was the author of this post, but have not received a response yet.
Congratulations Anny Duperey!
“Vaccine conscientious objector” Excellent!
#ResistanceUnited #PassVacinal pic.twitter.com/pcq3bzwSEw
— Chris.jdn🗽☘️🗽 (@ChristineJourd8) February 17, 2022
On the famous sesame that we have obtained, we can read a declaration of conscientious objection to vaccination.
“I therefore ask you to immediately respect my rights, under penalty of referral to the courts, considering that the measures imposed in the context of the health emergency violate my freedom of conscience my right to a private life and a normal family life, the medical secrecy and all the democratic principles in force in France until March 17, 2020 “, can we read in conclusion.
Vaccination Conscientious Objection Statement
This document is offered for downloading, against registration to retrieve e-mail details in particular, by a company whose Parisian head office is at the same address as an association (Rester Libre!), which intends to "create a link between the citizens who are victims of health coercion”.
Why it can't work
Conscientious objection is, according to its definition, “the refusal to perform certain acts required by an authority when they are deemed to contradict intimate convictions of a religious, philosophical, political, ideological or sentimental nature”.
If it is quite possible that people could have defrauded by benefiting from the ignorance of the people brought to control them, this document has no legal value and cannot be used, in spite of the litany of texts of law evoked.
“Potential users of this piece of paper must reread these texts,” advises Serge Slama, lawyer and professor of law at the University of Grenoble (Isère).
According to him, this document is “worth nothing” for several reasons.
“First of all because vaccination against the coronavirus is not compulsory, so there is nothing to seize the Constitutional Council because no infringement of freedom of conscience.
If it were mandatory, it's a safe bet that the legislator would have provided for the very rare cases that could be invoked, ”explains the expert.
If the Elders were seized by opponents of the vaccine, he also believes that the Constitutional Council would reject this request.
“It's a safe bet that the Elders consider that the vaccination obligation is a public health measure.
If the law imposes a maximum speed on the motorway at 130 km/h and you are driving at 160 km/h, it is your individual freedom, but this infraction can be a threat to the safety of others.
Refusing the compulsory vaccine because of his conscience would be tantamount to saying that we cannot impose the helmet for motorcyclists”, illustrates Serge Slama.
Precedents in France
However, conscientious objection has already been used in France, but in very specific cases.
“It was enshrined in the Veil law on abortion.
Doctors are not required to perform them and can refuse
(like other medical acts)
because of their personal convictions”, recalls Serge Slama.
More recently, another precedent shows that the Constitutional Council rejects the use of conscientious objection for a legal obligation.
Indeed, in 2013, a group of mayors wanted to invoke this clause to refuse to marry same-sex couples
(Taubira law).
“By not allowing civil registrars to take advantage of their disagreement (…), the legislator intended to ensure the application of the law by its agents and thus guarantee the proper functioning and neutrality of the public service of the 'civil status', wrote the Sages.
"And even when a belief responds to a conscientious objection, such as Jehovah's Witnesses who cannot accept a blood transfusion, there may be an exception", recalls the lawyer, evoking the case of a believer whom the University Hospital of Saint-Étienne (Loire) had transfused because of his vital prognosis.
“An act essential to the survival of the person concerned and proportionate to her condition”, considered, in 2002, the Council of State in a decision setting precedent.
"Not to mention that, until proven otherwise, being against the vaccine is not a religion," adds Serge Slama.