22 Sep Refusal of requests for interim measures regarding the Greek law on mandatory vaccination of health sector against Covid-19

On 2 September 2021 the European Court of Human Rights received two applications against Greece, lodged by 30 health professionals who work independently or in public health institutions. Under Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 4 (prohibition of slavery and forced labour), 5 (right to liberty and security), 6 (right to a fair hearing), 8 (right to respect for private and family life) and 14 (prohibition of discrimination) of the European Convention on Human Rights, the applicants complain about the provisions of section 206 of Law no. 4820/2021 which impose compulsory vaccination of health-sector professionals against Covid-19 as a condition for being able to continue exercising their occupation. 

The applicants also requested that the Court apply interim measures (Rule 39 of the Rules of Court) and that it suspend immediately the application of the law.

On 7 September 2021 the Court decided to reject the requests for interim measures, holding that they were outside the scope of Rule 39 (interim measures). The decision was taken by the duty judge responsible for interim measures. The Court pointed out that measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility merits of the case. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face a real risk of irreversible harm. The applications are currently pending before the Court; they have been registered under the following numbers: 

• Application no. 43375/21 (Kakaletri and Others v. Greece), lodged by 24 applicants, of whom 18 are independent doctors and six are employed in public medical institutions.
• Application no. 43910/21 (Theofanopoulou and Others v. Greece), lodged by six public-sector
  employees working in public medical institutions (doctors/a nurse/paramedic).
• References from official website of the European Court of Human Rights