France's Constitutional Council approves use of controversial health pass

"Balanced" for the president, "disproportionate" for its opponents: The bill to counter the outbreak of the epidemic of Covid-19 was passed today by France's Constitutional Council.

Protestors hold up signs that read 'no to the vaccine passport' during a demonstration in Paris, France, Saturday, July 31, 2021. AP - Michel Euler

Updated 17:00 5 of August, 2021:

France's top constitutional authority on Thursday approved the Covid pass that limits access to cafes, restaurants and inter-city trains and planes to people who have been vaccinated or tested negative for the virus.

The controversial pass, which will become ubiquitous from Monday, has sparked mass protests, with critics accusing President Emmanuel Macron of running a health "dictatorship".

But the Constitutional Court said the restrictions voted by parliament last month represented a "balanced trade-off" between public health concerns and personal freedom.

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Today's decision by the so-called "Wise Men" on the implementation of the government's Covid strategy could also influence the mobilisation and arguments of those who denounce the health pass as "liberticide" - the killing of freedoms. 

The text on extending the use of the health pass to bars, restaurants and travel was adopted by the National Assembly and the Senate on 25 July, after six days of heated debate and several amendments.

It was then referred to the Constitutional Council by the government and three groups of more than 60 parliamentarians each - two senators and one deputy.

With its approving by the guarantors of the Constitution and fundamental freedoms, President Macron has promised its rapid implementation.

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The extension of the health pass to cafés, restaurants, trade fairs, air travel and long train journeys is due to be announced later this Monday afternoon.

Sensitive measures

In addition to the health pass and its control extended to cafés-restaurants, the Council reviewed a number of other sensitive measures: isolation of contaminated persons, compulsory vaccination of certain personnel including nurses and sanctions against non-compliant employees.

On 31 May, the Constitutional Council had already approved the principle of a health pass - proof of vaccination, negative test for Covid-19 or certificate of recovery - but this system was limited at the time to large gatherings such as festivals.

Earlier, the Elysée Palace has said it was "not worried" about the fate of this "balanced" text, which was voted on and "enriched" by the Assembly and the Senate, which is dominated by the right-wing opposition.

However, the leader of Socialist deputies Valérie Rabault, along with their Communist and France Insoumise colleagues filed one of the appeals and reaffirmed her objections to the health pass on television, defending instead a mandatory vaccination.

"We are asking salaried employees, waiters in restaurants, cafes, to carry out the control themselves; it is not their job. Volunteers who organise summer events are also being asked to carry out this control; it is not their job, it is not their responsibility." said Mrs Rabault.

🗣 @Valerie_Rabault sur le plan de relance du gouvernement : "Je salue les mesures sur l'urgence mais je suis en désaccord sur la relance, c'est du saupoudrage."

📺 #LaMatinaleLCI @Julie_Hammett @fredericdelpech. pic.twitter.com/r4QZrjcTQ2

— LCI (@LCI) August 4, 2021

One of the leading opponents of the health pass is former Front National number two Florian Philippot, who has claimed that "there are many constitutional principles that are trampled underfoot by this law".

But "so far on the Covid crisis the Constitutional Council has not been noted for its ability to go against the decisions of the government, to say the least. I don't have a huge hope for Thursday," he added.

According a recent poll 48% of French people disapprove of the demonstrations against the health pass, 37% support them and 15% are indifferent.

A majority (over 55%a) have declared themselves ready to present this pass if requested, and 61% (against 39%) says it is in favour of compulsory vaccination.