| Applicant name | PASQUINELLI AND OTHERS |
| Applicant type | natural person |
| Number of applicants | 25 |
| Country | SAN MARINO |
| Application no. | 24622/22 |
| Date | 29/08/2024 |
| Judges | Ivana Jelić, President, Alena Poláčková, Lətif Hüseynov, Péter Paczolay, Gilberto Felici, Erik Wennerström, Raffaele Sabato |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | no violation |
| Reason | Necessary (health and rights and freedoms) |
| Type of privacy | bodily privacy |
| Keywords | Vacination requirment covid |
| Facts of the case | The applicants complained that the obligation imposed upon them, as health care and social health workers, to get vaccinated against Covid-19 in accordance with Section 8 of Law no. 107/2021 and subsequent consequences, was contrary to Article 8 of the Convention |
| Analysis | The choice of the San Marino legislature to apply a graduated number of measures effecting employment to a small number of individuals involved in the health and socio-health sector with the aim of protecting the health of the population in general, including the applicants themselves, and the rights and freedoms of others, was justified and stood in a reasonable relationship of proportionality to the legitimate aims pursued by the respondent State and that it cannot be said that the latter exceeded its wide margin of appreciation in health care policy matters. Any difference in treatment was objectively and reasonably justified. Indeed, the Court considers that mask-wearing and protective distancing as temporary measures during a global pandemic, are measures of limited intensity, while the applicants have not indicated what mass gatherings they wished to attend and were prohibited from so doing . |
| Other Article violation? | – |
| Damage awarded | – |
| Documents | Judgment |