To protect the elderly from Covid-19, the Ministry of Health had recommended that they be prohibited from leaving their old age residence. However, she was found to be ” disproportionate »By the Council of State.
Private outgoing residents
As part of the fight against the coronavirus epidemic, the Ministry of Solidarity and Health wanted to completely ban outings to residents of institutions for the elderly. This decision was strongly criticized by the Council of State, deeming it inconsistent: “ This total ban is disproportionate “. Elderly people were said to have been deprived of family outings and outdoor activities. This is why the children of a resident seized the summary judge to suspend this ban, because ” the majority of residents have been vaccinated “. According to the Council of State, at the beginning of March 2021, more than 80% of residents of EHPAD (accommodation establishment for dependent elderly people) and USLD (long-term care unit) received at least a dose of vaccine. Also, about 40% of professionals working in these establishments received a first injection. In addition, two doses of the Covid-19 vaccine were administered to more than 50% of residents, or more than 317,000 people. These estimates are also found in the latest epidemiological report from Public Health France dated February 25. In addition, according to scientific data, vaccines are effective because they reduce the risk of severe forms as well as those of being contaminated by the coronavirus.
Everyone’s responsibility
The administrative court invites the managers of establishments for the elderly to take care of exit permits ” case by case “. According to her, it is up to the directors to make this decision, according to several criteria, such as the number of people vaccinated. The most important thing is that everyone’s safety is respected: “ Thus, if it is up to the persons in charge of the EHPAD to authorize the exits according to, in particular, the local situation of the epidemic and the characteristics of their establishment, in particular the vaccination rate, the judge of the summary proceedings considers that certain exits , especially those of residents who have been vaccinated, can be compatible with the safety of all residents and staff as long as adequate protection measures are defined “.
