Corona: The Federal Constitutional Court approves compulsory vaccination care
The Federal Constitutional Court on Thursday confirmed the vaccination requirement linked to the facility. The most important information for decision making.
Berlin. Health Minister Karl Lauterbach can breathe easy. The necessity of vaccination Clinics and nursing homes Remains. The Federal Constitutional Court in Karlsruhe rejected a complaint against compulsory vaccination in the health professions.
Admittedly they catch it Compulsory vaccination associated with the facility In physical safety, the Federal Constitutional Court announced Thursday in Karlsruhe. But this is constitutionally justified, because the legislature pursues a legitimate purpose to protect people at risk from infection.
The federal government has vaccination requirements for hospitals and nursing professions Creating an “appropriate balance” between necessary protections for vulnerable groups in the COVID-19 pandemic and restrictions on the freedom of employees and people who must now be vaccinated in these occupational groups. The Constitutional Court in Karlsruhe decided that “despite the intensity of the interference, the constitutionally protected interests of complainants working in the health and care sector must ultimately take a back seat.”
Obligation to vaccinate against corona: a law under review
However, the law is not without controversy. Compulsory vaccination associated with the facility should be called The elderly and the weak Protection from infection with the Corona virus. They have an especially high risk of becoming seriously ill or dying from it. Staff in nursing homes and clinics, but also, for example, in doctors’ offices and outpatient services, midwives, masseuses and physiotherapists had to prove by March 15 that they had fully vaccinated or had recently recovered. New employees needed proof as of March 16th.
Missing vaccination proofThe clinic, nursing home or doctor’s office must inform the Ministry of Health. It can prevent those affected from entering their workplace or from continuing to work. There is an exception for people who cannot be vaccinated for medical reasons.
Duty had a wave of protests Effects. The fact that Karlsruhe is now giving the go-ahead for this compulsory vaccination could have consequences for a possible compulsory vaccination from the age of 60. In the summary proceedings, the judges in Karlsruhe did not object to this. But in February, they pointed out decisively that the law doesn’t contain anything more specific about proof of vaccination and recovery.
Compulsory vaccination: Lauterbach’s predictions come true
Federal Minister of Health Lauterbach (SPD) said shortly before the ruling was issued that it was assuming “that the legality of the vaccination requirements relating to the facility would indeed be confirmed”. “The Federal Constitutional Court will certainly challenge the role of the RKI envisaged by the legislature,” said the board of directors of the German Foundation for Patient Protection, Eugen Brych. Nor can the Bundestag allow a subsidiary power to design standards. “It is questionable whether the entire law is unconstitutional.”
Now the decision is there: Lauterbach’s faction can see itself strengthened by it. Whether it is enough for the tailwind of general vaccination The means may be questionable. More recently, the majority in the Bundestag has been missing out.
Commitment to vaccination has been criticized – also because many people, despite being vaccinated against corona, were sick with it virus injured. However, experts still see vaccination as the most important tool in the fight against the Corona pandemic. According to studies, the course of the disease is significantly milder with the Covid vaccination, and high-risk groups such as the elderly or previously sick are better protected.
This article first appeared on morgenpost.de