On Wednesday March 3, the Council of State challenged the government’s decision to completely ban outings to residents of nursing homes, deeming it “disproportionate”.
- The Council of State has suspended by decree “until further notice” the ban on residents going out to their families and for outdoor activities
- Considering that “the majority of residents have been vaccinated”, he believes that it is up to the directors of establishments to authorize exits on a case-by-case basis
- The government will propose in the coming days “new recommendations in nursing homes”
People residing in accommodation establishments for dependent elderly people (Ehpad) will be able to continue to go out as they see fit.
On Wednesday March 3, the Council of State ruled “disproportionate” the recommendation of the Ministry of Solidarity and Health to prohibit “until further notice” outings of residents to their families and for outdoor activities. It has therefore just suspended it, on the grounds that “the majority of residents have been vaccinated”. The judgment of the Council also specifies that this “imposed confinement” can “altering the physical and psychological state of many residents, as several studies have shown”.
“The vaccines in use are particularly effective in reducing the risk of being contaminated and of developing a serious form in the event of contamination”, further specifies the highest court in the country. So he’s coming back now “Ehpad managers to authorize outings according to the local situation of the epidemic and the characteristics of their establishment, in particular the vaccination rate”. According to the summary judge, “certain outings, in particular those of residents who have been vaccinated, may be compatible with the safety of all residents and staff as long as adequate protective measures are defined”.
Relief for children of residents
For the children of residents and the unions, it’s a relief. On Twitter, Florence Arnaiz-Maumé, general delegate of Synerpa (union of private establishments), welcomes “a wise decision of the Council of State”. “Hope and relief for professionals and families awaiting an easing of freedom restriction measures”she wrote.
A wise decision by the Council of State. Hope and relief for professionals and families who are waiting for a relaxation of freedom restriction measures.https://t.co/RCjQcYKGsy
— Flo Arnaiz-Maume (@FAMSynerpa) March 3, 2021
Also seeking less restrictive measures for their residents, the directors of retirement homes have indicated through the Association of Directors in the Service of the Elderly (AD-PA) that this judgment “calls for the implementation of other relaxations” and request “the same means for the elderly accompanied by home services, service residences and independent residences”.
For her part, the Minister in charge of Autonomy Brigitte Bourguignon said “to take note” of the decision of the Council of State. Asked by AFP, she announced on Friday that she would bring together a “ethical think tank” composed of representatives of the families of residents, professionals, ethicists and lawyers, to “propose new recommendations in nursing homes” in a health context “very worrying”.
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