Covid: The Constitutional Council refuses compulsory isolation for sick people

Published by Cécile D. · Updated on 5 August 2021 at 16h40 · Published on 5 August 2021 at 16h25
In their ongoing bill, the government wished to impose a 10-day self-isolation period to anyone tested positive to Covid-19. An article censored by the Constitutional Council thinking this proposition is not "necessary, adapted" and "proportionate".

The Constitutional Council has released their decision as for the draft bill extending the health pass and making vaccination mandatory. Among the bill articles submitted to the Sages, there was a chapter on isolation of people positive to Covid-19. For now, it is the article 4 of the draft bill.

The government would have wanted to impose a 10-day self-isolation period to anyone who caught the virus. So far, this isolation period for over a week was to only apply to people entering the French country.

The Constitutional Council has decided to censor this article. Sick will therefore not be obliged to self-isolate if they catch Covid-19.

In their report issued this Thursday August 5, 2021, the Council says "at the end of the article 66 of the Constitution: 'No one can be arbitrarily hold. - The judicial authority, keeper of the individual freedom, guarantees compliance with this principle in the conditions set by the law.' Individual freedom, invluding protection is entrusted to the judicial authority and could not be harmed by non-necessary rigor. Harm made to the exercise of this freedom must be adapted, necessary and proportionate to the pursued goals".

The Sages consider instating mandatory self-isolation is a deprivation of liberty, and therefore, cannot be instated.

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