Il passe sanitaire e i diritti e le libertà costituzionalmente garantiti nella decisione n° 2021-824 DC del 5 agosto 2021 del Conseil constitutionnel

Abstract

Health pass and constitutional rights and liberties in the decision no. 2021-824 DC of 5 August 2021 of Constitutional Council – This article examines the decision no. 2021-824 DC of 5 August 2021 of French Constitutional Council, concerning in particular the “health pass”, introduced in the French legislation by Act no. 2021-689 of 31 May on the management of the end of the public health state of emergency, amended by the law adopted the 25 July 2021. The presentation of the “health pass” makes access to certain places, establishments, services or events where they are leisure, commercial dining or drinking activities; it may also apply to trade fairs, seminars and trade shows, health, social and medico-social services and establishments, long-distance travel by inter-regional public transport and certain department stores and shopping centers; it is used finally in the employment relationship, with the obligation imposed on certain employees and public officials to present the “health pass” in order to gain access to the place where they perform their duties.
The reconciliation between the objective of constitutional value of the protection of health and the respect of the rights and freedom recognized for all persons who live in the territory of the French Republic, ensured by the legislator, was confirmed by the Constitutional Council decision of 5 August 2021, in the line of all its jurisprudence about Covid-19 (see for example decision no. 2021-819 DC of 31 Mai 2021). Consequently, the fundamental regulation of “health pass”, which may take the form of either the results of a viral screening test non concluding that a person has been infected with Covid-19, or proof of vaccination status, or a certificate of recovery following an infection, was declared conform with French Constitution.