Judgment concerning San Marino

Human Rights building by night
29/08/24

In the case of Pasquinelli and Others v. San Marino the Court held that there had been no violation of the right to respect for private and family life.

The case concerned the effects on the applicants – all healthcare workers – of their refusal to be vaccinated against Covid-19.

Bearing in mind the wide discretion States had in healthcare policy matters, the Court found that the measures had been proportionate and justified in view of the legitimate aim pursued, specifically, the health of the population in general, including the applicants themselves, and the rights and freedoms of others. It noted furthermore that the losses suffered by the applicants were an unavoidable consequence of an “exceptional and unforeseeable” context of a global pandemic that had pertained at the relevant time in this case.

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