can I be forced to be vaccinated?

The vaccine race accelerates with the announcement of a new vaccine from Moderna 94.5% effective. This announcement follows those of Pfizer 95% effective and that of the Russian vaccine Spoutnik v, 92% effective. Even if they should not arrive on the European market until 2021, part of the French are already hostile to vaccination.

According to a Kantar study, carried out from November 10 to 12, 2020, seuls 54% of French people “seem willing to be vaccinated against the coronavirus”. But when is it if your employer forces you to do it? For the time being, “no measures concerning compulsory vaccination in the workplace exist “, explains a lawyer specializing in labor law, contacted by RTL.fr. This obligation could eventually emerge with the marketing of the first vaccines.

If we stick to the judgment of the Court of Cassation of July 11, 2012, an employer can force his employee to be vaccinated, if his profession justifies it. This case law relates to hepatitis B, “It remains to be seen whether it will be transposed to the Covid-19 “, wonders the lawyer.

The vaccine of discord

The idea of ​​making vaccination compulsory often emerges has already found some supporters and opponents in political circles. MEP EELV, Yannick Jadot, a called for compulsory vaccination the first. This call did not create unanimity within his party, the national secretary of EELV Julien Bayou, tempers ensuring that it was “not necessarily the solution”.

The observation remains the same for The Republicans, on the one hand Gerard Larcher, President of the Senate, says to himself “favorable” to this idea, during the Grand Jury RTL, Le Figaro, LCI. On the other hand, the leader of LR deputies Damien Abad puts into perspective and imagines a more restricted compulsory vaccination, reserved only for populations at risk and caregivers.

Within the National gathering, the opinion is rather clear. Marine Le Pen prefer let each Frenchman choose in his “heart of hearts” whether or not he wants to be vaccinated against Covid-19.

What do health professionals think

The government is already planning to organize a massive vaccination campaign. “There is no vaccine yet and therefore recommendations for use for the moment. The question of compulsory vaccination must be asked in terms of public health“, explains the Minister of Health, Olivier Véran, to Echoes.

While almost all physicians agree that vaccination is essential, however, they oppose making it compulsory for the population. Asked by 20 Minutes, Hélène Rossinot, doctor and expert in public health, judges that “the more I see the mistrust of the populations, the more I tell myself that a strict obligation, without debate and not targeted no real sense and would only do to reinforce conspiracy theories“.

But the opinion of doctors does not really weigh in the balance. Article L3111-1 of the Public Health Code provides that “the vaccination policy is drawn up by the Minister of Health which sets the immunization conditions, sets out the necessary recommendations and makes public the vaccination schedule after advice from the High Authority for Health“.

The latter specifies on his site that “in the current context, vaccination against Covid-19 should not be compulsory, neither for the general population, nor for health professionals “.

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