Milestone jab judgment in France marks ‘global turnaround’
The Amsterdam Court of Appeal recently ruled that KLM was not allowed to ask about the vaccination status of new pilots. The ruling stated that KLM must immediately end these practices under risk of a penalty of 100 000 euros per violation.
Published: June 18, 2022, 11:23 am
According to the Dutch judge, among other things, there was no operational necessity for such a decision.
Last week, the Paris Labor Court [Conseil de Prud’hommes, ed.] ruled that the decision to fire an unvaccinated nurse, even without severance pay, was illegal. The nurse has her job back and she also received compensation.
According to the nurse’s lawyer, this is a first victory for the Paris labor judge and therefore a landmark judgment. Criminologist Karianne Boer commented on social media that this was “a first victory for the Paris Labour Court and a landmark judgment”.
“It is remarkable that the court referred to European and national (French) law. More specifically, Article 1 of Part II of the European Social Charter is cited in the judgment: the right to earn a living by freely exercising a job. This treaty (1961) originated in the Council of Europe (not to be confused with the European Council) and contains recommendations, not binding articles in contrast to, for example, the European Charter of Fundamental Rights, which is legally binding for the Member States of the European Union. It is therefore striking that non-binding European law is used in a judgment of a French court,” said Boer.
“In contrast to the KLM judgment of the Amsterdam District Court, which I reported earlier, this judgment does not mention anything about the proportionality test, nor about the motives of the employer, nor about dramatic arguments that can be found in, for instance, Belgian Corona Case Law of 2021. This judgment is a victory for at least two reasons.
“Firstly, the nurse has won her case. Secondly, in the light of other case law I have written about, e.g. the KLM case in the Netherlands but also the recent Supreme Court ruling in India, this case supports my thesis that there is a slow but steady change in the administration of justice on a global scale.
“This small Copernican revolution means that the judiciary no longer sees itself as the executive’s maid, afflicted by what the erudite Professor Mattias Desmet calls mass psychosis. Sobriety is returning. Truly, Minerva’s owl is spreading its wings.”
Cannot be fired for health reasons
At the end of last year, thousands of French healthcare workers were suspended who had not been vaccinated against the Corona virus. Healthcare workers in France had until September 15 to be vaccinated. The Corona law passed at the end of July included several sanctions for staff who did not want to take a vaccine, one of which was suspension.
However, the court referred in the judgment to a person’s right to earn a living by freely performing a job. The French Labor Code also states that an employee may not be fired for health reasons.
French Health Minister Véran emphasised in the media at the time that the continuity of care would be guaranteed, despite the suspensions.
“We are talking about 2.7 million employees and many suspensions are temporary.” According to him, most of the suspensions have been handed out to support staff and only a small proportion of them apply to “white coats”.
The number of people in the health sector who had resigned because of the introduction of the vaccination requirement was estimated by the minister at a “few dozen”.
But Dutch NOS correspondent Eline Huisman highlighted that these statements did not correspond to reality: “There are ultimately two sides to the story […] Those few thousand suspensions did have an impact in some places. For example, at a hospital in Montélimar, ‘non-urgent treatments had to be scaled down’ because three anaesthetists were suspended.”
Suspensions had also impacted elderly care. Hospitals and care centres were already struggling to recruit enough staff, partly because many nurses were working in vaccination centres.
All rights reserved. You have permission to quote freely from the articles provided that the source (www.freewestmedia.com) is given. Photos may not be used without our consent.
Consider donating to support our work
Help us to produce more articles like this. FreeWestMedia is depending on donations from our readers to keep going. With your help, we expose the mainstream fake news agenda.
Keep your language polite. Readers from many different countries visit and contribute to Free West Media and we must therefore obey the rules in, for example, Germany. Illegal content will be deleted.
If you have been approved to post comments without preview from FWM, you are responsible for violations of any law. This means that FWM may be forced to cooperate with authorities in a possible crime investigation.
If your comments are subject to preview by FWM, please be patient. We continually review comments but depending on the time of day it can take up to several hours before your comment is reviewed.
We reserve the right to delete comments that are offensive, contain slander or foul language, or are irrelevant to the discussion.
Thousands of Flemish farmers block roads in Brussels against nitrogen policy
BrusselsMore than 2500 farmers from Belgium's Dutch-speaking Flanders region gathered at Brussels' central Arts-Loi street and blocked roads with tractors toward Brussels to protest the regional government's plan to limit nitrogen emissions.
Orban: EU energy sanctions costing citizens billions
BudapestHungarian Prime Minister Viktor Orban has warned that some western states could soon send troops to Ukraine. He also criticized the fact that the EU sanctions against Russia had cost Hungarian taxpayers tens of billions of euros.
Italy: New leader of the Social Democrats is one of Soros’ ‘preferred politicians’
RomeDuring the election campaign, Elly Schlein presented herself as the standard-bearer of the poorest. However, her background and previous work raise doubts about her honesty.
UK greenhouses shut down due to high energy costs
LondonIn Great Britain, a particularly depressing facet of the crisis is now showing its first contours - and thus anticipating what is likely to happen in other European countries in the near future: because of the exploding energy prices, agriculture is being strangled and fresh produce has to be rationed.
Lisbon opens borders to all Portuguese speakers
LisbonNot only the German and Italian governments keep opening new paths for immigration. Portugal, too, has opened a Pandora's box and is paving the way for possibly millions of non-European immigrants to the EU – something which is not mentioned by the mainstream media.
Illegal immigration to Italy has reached its highest level ever
RomeIn Italy, despite the overwhelming right-wing electoral success in September, there is still nothing to be seen of the promised asylum turnaround – on the contrary. Giorgia Meloni has been in office for five months, but the arrivals of migrants in Italy have doubled compared to the previous year.
Dismantling diplomacy with ‘feminist foreign policy’
BudapestGerman Foreign Minister Annalena Baerbock (Greens) wants to counter German security issues abroad with feminist politics. Gender training, LGBTQ events and quotas are now part of their new guidelines, which are intended to bring about "cultural change". The German ambassador to Hungary, Julia Gross, provided an embarrassing example.
Germans demand investigation of Nord Stream sabotage
BerlinAfter the sensational revelations by US investigative reporter Seymour Hersh about the perpetrators of the Nord Stream attacks on September 26, 2022, the German government has remained silent. It does not want to comment on Hersh's research results, according to which the pipelines were blown up by Americans and Norwegians.
Macron mulling withdrawal of Putin’s Legion of Honour award
ParisAt the end of Jacques Chirac's term in 2007, France and Russia still maintained cordial relations. During his speech at a tripartite summit, the French president had even mentioned bilateral relations that were "excellent in all respects, particularly in the fields of energy, infrastructure and aeronautics".
UN dossier sounds the alarm : ISIS cells eye Balkan route
New YorkThe risk that terrorists could reach the Mediterranean coasts is growing. A UN dossier has warned that jihadists have been crossing the Balkans in attempts to reach the EU.