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According to lawyers, vaccination is compatible with the Basic Law

2021-11-23T04:22:13.089Z


Can a general compulsory vaccination, as in Austria, also lead Germany out of the permanent corona loop? More and more country heads are in favor. There is also a trend among lawyers.


Can a general compulsory vaccination, as in Austria, also lead Germany out of the permanent corona loop?

More and more country heads are in favor.

There is also a trend among lawyers.

Berlin - The proponents of a general compulsory vaccination against the corona virus are now also getting the backing of legal scholars.

Renowned lawyers also consider them to be compatible with the Basic Law.

In Austria, vaccination should come in February.

Several German Prime Ministers also speak out in favor of it.

The heads of government of Baden-Württemberg and Bavaria, Winfried Kretschmann (Greens) and Markus Söder (CSU) wrote in a joint guest article for the “Frankfurter Allgemeine Zeitung”: “Compulsory vaccination is not a violation of civil liberties.

Rather, it is the prerequisite for regaining our freedom. ”In the ZDF“ heute journal ”, Kretschmann made it clear that he considers this to be constitutional.

A few decades ago there was already a compulsory vaccination in Germany - and currently in a weakened form for measles.

Debate about general vaccination requirements

The CDU heads of government Volker Bouffier from Hesse, Daniel Günther from Schleswig-Holstein and Reiner Haseloff from Saxony-Anhalt also agreed.

NRW Prime Minister Hendrik Wüst (also CDU) called for a thorough examination.

Bremen's Mayor Andreas Bovenschulte (SPD) said that compulsory vaccinations would come too late to stop the fourth wave of corona, but could "certainly not be ruled out for the future with a view to the nationwide situation".

Saarland’s Prime Minister Tobias Hans, the Managing Health Minister Jens Spahn (both CDU) and FDP parliamentary group vice-president Michael Theurer opposed this.

Lawyers: Compulsory vaccination covered by the Basic Law

According to the constitutional lawyer Ulrich Battis, a general obligation to vaccinate against the corona virus would be covered by the Basic Law. "Such a general compulsory vaccination is quite justifiable - to protect the lives of other people," said the legal scholar from the Berlin Humboldt University of the "Neue Osnabrücker Zeitung". Battis referred to Article 2 of the Basic Law, which lays down the protection of other people's lives. "The basic right to physical integrity, which is also stipulated in Article 2, has to be withdrawn."

The Saarbrücken pharmacy professor Thorsten Lehr said "RTL direkt" that next spring there will be no avoiding a compulsory vaccination.

You could "suddenly" change the situation.

"The end of the pandemic is in our hands with the compulsory vaccination." The administrative lawyer Hinnerk Wißmann from the University of Münster told the "Welt" that a compulsory vaccination is the milder means, "if the alternative is to abolish the free state in endless lockdown loops" .

Uwe Volkmann, professor of public law at the Goethe University in Frankfurt, said that the "depth of intervention" is less than "the serious restrictions on freedom that would otherwise be necessary".

Compulsory vaccination - no compulsory vaccination

The Bielefeld law professor Franz C. Mayer told the editorial network Germany: "The freedom of the individual ends where the freedom and health of others are in danger - this is the case here if the vaccination campaign does not succeed." Mayer made it clear that it is about one Compulsory vaccination and no compulsory vaccination would work.

For those who refuse to be vaccinated, a fine or statutory regulations on the loss of health insurance cover are conceivable.

Prime Minister Kretschmann also considers a fine to be possible.

Nobody would end up in jail or be picked up by the police for vaccination.

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The President of the German Teachers' Association, Heinz-Peter Meidinger, sees compulsory vaccination as a last resort.

He told the Funke newspapers with regard to current Corona measures: "If none of this helps and the general vaccination rate does not increase significantly, I am personally convinced that we will not be able to avoid compulsory vaccination in order to finally get out of this vicious circle of loosening and lockdowns Break out."

Countries advise on stricter corona rules

On this Tuesday, several state cabinets want to discuss stricter rules.

In Bavaria, Berlin and Brandenburg, the state governments want to decide, and a new corona regulation is also to be presented in Lower Saxony.

Baden-Württemberg is expected to introduce the 2G plus rule on Wednesday at all events in culture, leisure and sport.

Then vaccinated and convalescent people would also have to show a negative test.

As the German press agency found out, the government made up of the Greens and the CDU expanded its catalog for stricter measures.

dpa

Source: merkur

All news articles on 2021-11-23

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