There was no violation of human rights towards the anti-vax health workers suspended from their jobs and moved to administrative roles because they refused the vaccination against Covid-19. Health workers who were then reinstated after the emergency in the health service of the Republic of San Marino. For the European Court of Human Rights (ECHR) there was no ‘discrimination’. The appeal of 26 people, including 19 Sammarinese, 6 Italians, and one Moldovan, was therefore rejected in a ruling dated 29 August.
For the Court, the measures adopted are, in fact, to be considered ‘proportionate and justified’ with respect to the legitimate objective, at that time, of protecting the health of the population in general. According to the judgment, in the context of the pandemic, the measures aimed to maintain adequate safety conditions with respect to a serious risk for the population in general. Furthermore, unvaccinated people – the judgment highlights – were more vulnerable to the serious consequences of the disease. Furthermore, for the European Court, the applicants failed to demonstrate how their dignity or emotional well-being were affected by the measures adopted by the State of San Marino.
The applicants, in any case, now have three months to lodge a possible appeal with the Grand Chamber of the European Court of Human Rights which can issue a final judgment.
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