Vaccination obligation: the Constitutional Court rejects the no vax appeals

Vaccination obligation: the Constitutional Court rejects the no vax appeals

The vaccination requirement for Covid introduced by the Draghi government in 2021 for some professional categories, health and school personnel, and the over 50s was legitimate. The Constitutional Court deemed the questions posed by five judicial offices inadmissible and unfounded.

This explains a note from the Consulta: “The Court found inadmissible, for procedural reasons, the question relating to the impossibility, for those carrying out the health professions who have not fulfilled the vaccination obligation, to carry out their work, when it does not involve contacts interpersonal. On the other hand, the choices of the legislator adopted in the pandemic period on the vaccination obligation of healthcare personnel were considered neither unreasonable nor disproportionate. Finally, the questions proposed with reference to the provision which excludes, in the event of non-fulfilment of the vaccination obligation and for the time of suspension, the payment of a check to be paid by the employer for those who have been suspended were also considered unfounded ; and this, both for health personnel and for school personnel ».

The sentence confirmed the legitimacy of the vaccination obligation for doctors, nurses, school staff and the over 50s. Those who have not had the vaccine, again according to the sentence, they are not entitled to wages for the period in which they were removed from work. On the basis of these sentences, the sanctions for those who refused to get vaccinated should also remain valid.

The reasons for the sentence will arrive in the coming weeks, but it is probable that, as in past sentences, the judges may have considered the interest in the protection of public health prevails over that of self-determination and the freedom of the individual.

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Source: Vanity Fair