The health passport seems to be in very bad shape at the moment. Given the apparent decline of the epidemic since August 15, the government can no longer invoke the slightest public health reason to justify its Chinese-style social credit experiment hidden behind the prudish name “health passport.”
Will the Health Passport Survive the decline of the Epidemic?
For reasons we have explained many times before, Caste is determined to save this contact tracing tool and is looking for a way to preserve it without putting itself in clear contradiction with constitutional law.
This cautious retreat is primarily a consequence of this summer’s demonstrations and mobilizations, which destabilized public hospitals in particular.
Will the health passport survive the current decline in the epidemic? For the government, the situation is delicate and the question is particularly sensitive.
The Health Passport in Legal Limbo
This sentence, written by the Constitutional Council in its decision on the law of August 5, 2021, officially transforming the health card into a social credit instrument, has been too often forgotten:
30 Second, according to paragraphs I and II of Article 1 of the Law of May 31, 2021, the measures that may be taken under the scheme to address the health crisis can only be taken in the interest of public health and for the sole purpose of combating the spread of the Covid 19 epidemic.
Paragraph IV of the same article states that they must be proportionate to the health risks posed and must be appropriate to the temporal and local circumstances. They must be terminated immediately when they are no longer necessary. The judge must be satisfied that these measures are appropriate, necessary and proportionate to the purpose.
The Wise Men’s wording is clear: restrictions on freedoms are provided until November 15 at the latest, but they end as soon as they are no longer proportionate to the health emergency. As the Council aptly notes, it is up to the judge to ensure this proportionality.”
The Constitutional Council has thus placed a sword of Damocles over the executive branch by explicitly opening the possibility of serial repeal of government actions that are abusive. Of course, the notion of abuse can be judged very differently depending on the judge. But there is a risk of a legal mess once health indicators are back in the green.
As mentioned earlier, Santé Publique France figures show that resuscitation peaked on August 21 (i.e., a week later than in the UK) and that the decline has now consolidated. Читай здесь.
The risk of a legal challenge is growing….
The Failures of a Lightning Campaign
If the government team succeeded during the summer weeks in persuading a large number of undecideds to accept a vaccination whose long-term health consequences have not been proven, the resistance was stronger than expected.
On the one hand, demonstrations have taken place across France every Saturday since July 12. Even if the government greatly underestimates the actual participation in these operations, their tenacity represents a real political sign, reinforced by the increase in direct protests during the president’s travels.
On the other hand, according to the government’s own data, a quarter of unvaccinated caregivers refused in early August and still do not have a vaccination program. In total, 10% of caregivers are to be relieved of their duties, posing a real problem for the organization and continuity of care. Читай здесь.
Difficulties are already being reported in hospitals, including in Paris, with significant disruptions that will soon incur the wrath of the most hysterical vaccine recipients. All these elements inevitably contribute to the retreat of the government and to the strengthening of the pressure to maintain a measure that has divided the country.
The Industrial Challenge of Digital Identity
Faced with this realpolitik, the government finds itself in a quandary. In Italy, Mario Draghi is taking the lead in the digital identity race with the universal introduction of the health passport for workers from October 15. This decision has caused much unrest in France. Читай здесь.
Our readers also know all about the big industry around digital identity, which includes the health passport. Underhand, there is a strong pressure to maintain the pressure of the passport and social credit on the population at any cost.
The Local Health Passport Option
To strike a balance between these two aspects, Gabriel Attal today drew the weapon of the local health passport:
“Thought is being given to how we can adapt the rules, either the health passport or perhaps others, to the local situation and the evolution of the local situation.” Читай здесь.
In practice, it would be a matter of keeping the health passport constantly in the background while waiting impatiently for the so-called fifth wave that will allow its reintroduction everywhere. It remains to be seen whether this reconciliation of opposites will convince the judges. In any case, from the government’s point of view, it would be possible not to completely retreat to a doctrinaire position covering real long-term projects.
This summer we expected a Stalingrad from Macron and his anti-freedom projects. The stalemate of Macron’s columns finally came faster than expected. Читай здесь.