The Federal Constitutional Court today published its decision on an urgent application against the law on compulsory corona vaccination in clinics and in nursing.
Karlsruhe – in the middle of the political dispute about the corona– Vaccination obligation* for nursing and clinic staff, the Federal Constitutional Court announced today whether the implementation may even begin. The Karlsruhe judges have decided on an urgent application from those affected, which is aimed at an immediate stop. The decision will be published at 9.30 a.m.
The First Senate responsible for the complex under Court President Stephan Harbarth has not yet comprehensively examined the vaccination requirement, which is to apply from mid-March. That only happens in the main proceedings, which should also be treated with high priority.
In summary proceedings, the judges first weigh up the consequences. They examine what would have the worse consequences: if they let everything run its course, although the constitutional complaint would be justified – or if they override a provision that later turns out to be constitutional. So it’s about a provision for the meantime, until the actual decision is made.
Nursing vaccination requirement: Federal Constitutional Court decides on urgent application
The so-called facility-related compulsory vaccination should be carried out by old and weakened people vaccinations* protect against infection with the coronavirus who are at particularly high risk of becoming very ill or dying of it. It applies to employees in nursing homes and clinics, but also, for example, in medical practices and outpatient services, for midwives, physiotherapists and masseurs. They all have until March 15, 2022 to show they are fully vaccinated or have recently recovered. New employees will need proof from March 16 from the outset. There is an exception for people who cannot be vaccinated for medical reasons.
Proof of corona vaccinations: If there is no proof of vaccination, the person concerned cannot continue to work
If there is no proof, the health department must be informed in order to investigate the case. It can then prohibit the person concerned from entering the facility or from continuing to work.
The adoption of compulsory vaccination in the Bundestag and Bundesrat in mid-December triggered a wave of lawsuits in Karlsruhe. By February 3, 74 constitutional complaints had already been received from around 300 plaintiffs, many of them with urgent applications. The judges chose a model case for their decision.
Obligation to vaccinate: Because of the supply situation, there would be no other choice but to let unvaccinated people continue to work
The federal government considers the legal intervention in physical integrity to be justified. Some of those who are particularly at risk could not protect themselves from infection. The people around them therefore have a special responsibility.
The Karlsruhe decision comes in a week in which things were already busy because of the vaccination requirement. On Monday, Bavaria’s Prime Minister Markus Soder* (CSU*) announced that it would initially suspend implementation because many questions were unresolved. Things seem to be calming down a bit now. But there had also recently been concerns from other quarters that it would be almost impossible to examine individual cases. There are also fears that enforcement will create too large a gap in nursing staff. It is also still unclear when the population will fight the corona virus and the Omicron variant* vaccinated* is.
Corona vaccinations and gaps in nursing staff: Medical Association calls for compulsory vaccination instead of relaxation
“Strictly speaking, there is no other choice than to let unvaccinated nurses continue to work,” said the President of the German Nursing Council, Christine Vogler, the editorial network Germany (RND / Friday). “We have to talk openly about this without immediately being accused of protecting unvaccinated staff.”
The Marburg Association of Physicians demanded that the implementation of the obligation be discussed at the upcoming meeting of the federal and state governments: “Instead of talking about a lot of easing, the Minister President’s Conference next week should clarify much more urgently how the facility-related vaccination obligation will be implemented,” said the association chairwoman Susanne Johna to the RND. It is unthinkable that the health authorities would have to make a discretionary decision without clear guidelines. “The health authorities cannot normally be expected to do this, and certainly not in view of the high burden of the pandemic.”
Corona pandemic: No comprehensive data on the current infection process
RKI continues to report an increasing incidence.* According to estimates by the Robert Koch Institute (RKI), there were 420,000 doctor visits in Germany within seven days because of Covid-19. In the past week, the number of corresponding doctor visits has increased significantly compared to the previous week, according to the RKI weekly report published on Thursday evening. Since the turn of the year, the number of doctor visits has increased, and in almost all age groups the values of previous corona waves are significantly exceeded. Austria was the first country in the EU to introduce compulsory vaccination.* (df, dpa) *fr.de is an offer from IPPEN.MEDIA
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