The Constitutional Council censored the controversial access of school directors to the vaccination status of students, but validated the extension of the health pass until the end of July 2022, in a decision made public on Tuesday, November 9.
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The Sages considered that the provisions on the school component of the bill "
health vigilance
", adopted Friday by the Parliament, carried a "
disproportionate infringement of the right to respect for private life
".
On the other hand, they considered that the maintenance of the pass until the summer operated "
a balanced reconciliation
" between the objective of health protection and respect for rights and freedoms.
Fiery debates
The “
health vigilance
” bill
extends the government's anti-Covid policy from November 15 until July 31, 2022 without a new vote from Parliament, by spanning the presidential elections in April and legislative elections in June, to the chagrin of the oppositions .
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The Constitutional Council recalled that the incriminated provisions had "
neither the object nor the effect of depriving
" the Parliament of the right to meet, to control the action of the government and to legislate.
After fiery debates at the Palais Bourbon and the Palais du Luxembourg, deputies and senators from right and left had seized the Constitutional Council on Friday.
Introduced by a government amendment at first reading in the National Assembly, the possibility for school directors to have access to information on the virological status of students, their contacts with infected people and their vaccination status has been rejected by the board.
Prevent class closures
Presented as a means to prevent class closures or organize vaccination campaigns, this criticized measure, including in the educational community, has too wide a scope, judged the Wise Men.
It made it possible to process this data, "
without first obtaining the consent of the interested pupils or, if they are minors, of their legal representatives
", argued the Council.
The latter also considered that the medical information was likely to be communicated to persons not subject to medical confidentiality.
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Finally, the very purpose of the device, namely to organize teaching conditions to prevent the risk of spreading the virus, was not defined with "
sufficient precision
", estimated the Constitutional Council.
The Wise Men have also censured several authorizations to legislate by ordinance, provided for in the bill, in particular in matters of labor law.
They noted that these provisions were not adopted at the request of the government but via parliamentary amendments, contrary to what the Constitution provides.
Emmanuel Macron must solemnly address the French at 8:00 p.m., in particular to promote the vaccine booster in the face of the rebound of the epidemic.
