After a first rejection at the end of August, hundreds of firefighters hostile to the vaccine obligation against Covid-19 filed a new appeal before the European Court of Human Rights (ECHR), this time at the bottom, announced the union at the origin of the procedure.
Read alsoThe ECHR rejects the request of 672 firefighters against the vaccination obligation
In total, 713 professional and volunteer firefighters, from 58 departments and particularly from the south of France, joined this request addressed Friday, September 10 to the Court which sits in Strasbourg, said in a statement SUD SDIS, already the source of the first request.
A first request rejected
As part of an emergency procedure, the applicants then asked the ECHR in particular to “
suspend the vaccination obligation
” provided for by the law of 5 August 2021 for caregivers and firefighters, under penalty of suspension. The ECHR had rejected their request on August 25, explaining in a press release that it was "
outside the scope of Article 39 of its rules
", relating to the claims of an applicant exposed to "
a real risk of irreparable damage.
". This decision did not put an end to the proceedings initiated "
since the Court, in its decision, set 22 September 2021 at the latest, the deadline for sending a request to the merits
", explains SUD SDIS.
In the context of this second procedure, in addition to Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights, already invoked during the first procedure, firefighters also rely on articles 14 (prohibition of discrimination) and 1 of the first additional protocol to the Convention (protection of property, in the broad sense of the term), details the press release from SUD SDIS.
"A measure of extreme gravity"
"
The ball is now in the court of the ECHR which should rule fairly quickly on the admissibility of this second request
", according to the union.
If the answer was positive, "
a procedure would start at the end of which the ECHR would take a decision within a few months, which we hope will be favorable, as the measure seems disproportionate in relation to the goal to be achieved of protecting public health
" , according to SUD SDIS.
Read also Vaccination obligation: Haute-Savoie firefighters suspended
"
The total deprivation of remuneration
", provided for by law, "
is a measure of extreme gravity
", insists the union, which notes that in Europe, "
compulsory vaccination is not the rule
" and that "
l 'European Union advocates an incentive for vaccination
'.