1 October 2024

ECHR: Lack of a COVID-19 vaccination justifies a change to the terms of employment

In a judgment at the end of August this year, the European Court of Human Rights confirmed that a change to the terms and conditions of employment, because of not taking a vaccination against COVID-19, was justifiable under human rights law.

The case involved social workers who had failed to take a voluntary vaccination and were, as a result, either transferred to another (not always equivalent) post or suspended without pay. The employees received an allowance of a maximum of EUR 600 per month, both for the transfer to another post and for the suspension.

The Court found that the change in the terms of employment was justified in view of the urgent social need to protect the population – particularly its vulnerable part – against infection and the further spread of the pandemic. Furthermore, in the Court’s view, the measures taken infringed only the financial interests of the applicants, which must give way in any conflict with other interests, such as the protection of life and health.

The full judgment may be read here.