They are 2.7 million caregivers to have to justify, since Wednesday, to have received at least one dose of one of the vaccines against the Covid-19 to continue working. Otherwise, they risk suspension. If the majority of these professionals are already fully vaccinated, some argue that this constraint is not legal and cannot be applied.
The government has not yet published the implementing decrees for the law of August 5 which establishes this vaccination obligation. Internet users rely for this on a Senate link
dated August 27, which recaps the progress of law enforcement.
The question is complex. 20 minutes asked Stéphane Brissy, lecturer at the University of Nantes and member of the Institute of Law and Health at the University of Paris for clarification.
FAKE OFF
It is not necessary that an implementing decree be promulgated for each article of law voted, recalls the researcher. A decree is only necessary to clarify certain points of a legal text. For the law of August 5, it is a question of giving the list of elements making it possible to establish a certificate of vaccination status, as required by title II of article 12 of this law. A decree appeared two days later, August 7, to specify them.
The application of legislation sometimes resembles the game of Tetris, and this is the case here: you have to look for a decree published on June 1 (in this case article 2-2), modified by the decree of August 7, to find these elements. Thus, a caregiver will be considered fully vaccinated 28 days after receiving a dose of Janssen vaccine, or seven days after the second dose for other vaccines. This seven-day period is valid after the first dose for people who have already been infected with Covid-19.
In addition, the Senate has, since August 27, updated his page monitoring of law enforcement. The decree of August 7 is well represented there. The institution also confirms to 20 minutes that this decree specifies “the supporting documents that professionals subject to the vaccination obligation against Covid-19 must present in order to be able to continue to exercise”.