Corona vaccination obligation for nursing staff: decision of the Federal Constitutional Court expected
Created: 05/19/2022, 08:33
By: Patrick Huljina
The corona numbers in Germany continue to fall.
On Thursday, the Federal Constitutional Court announced its decision on compulsory nursing care vaccination.
Berlin/Karlsruhe - The obligation to vaccinate in care, medical practices and clinics has triggered a wave of constitutional complaints.
In the midst of the renewed discussion about general corona vaccination and after intensive examination, the Federal Constitutional Court announced its decision on the controversial Infection Protection Act on Thursday (9.30 a.m.).
Corona vaccination obligation for nursing staff: decision of the Federal Constitutional Court expected
In the urgent procedure, the Karlsruhe judges did not object to the corona vaccination requirement for nursing and health staff.
In February, however, they critically noted that the law does not contain any more precise information on proof of vaccination and recovery.
It is only referred to a regulation with further references to the websites of the Paul Ehrlich Institute and the Robert Koch Institute (RKI).
The highest German court publishes the decision in writing.
Federal Health Minister Karl Lauterbach (SPD) said on Wednesday (May 18) that he was assuming “that the legality of the facility-related compulsory vaccination would actually be confirmed”.
The board of directors of the German Foundation for Patient Protection, Eugen Brysch, told the German Press Agency: "Certainly the Federal Constitutional Court will object to the role of the RKI envisaged by the legislature." It cannot be that the Bundestag allows a subordinate authority to design the criteria.
"It is doubtful whether the entire law is unconstitutional."
The corona vaccination requirement for nursing and health staff caused a wave of lawsuits.
(Iconic image) © Sven Hoppe/dpa
Corona vaccination requirement: in care since mid-March – countries are discussing a new start for vaccination requirements from the age of 60
The so-called facility-related compulsory vaccination is intended to protect old and weakened people from infection with the corona virus.
They have a particularly high risk of becoming very ill or dying of it.
Employees in nursing homes and clinics, but also, for example, in doctor's offices and outpatient services, midwives, masseurs and physiotherapists had to prove by March 15 that they were fully vaccinated or had recently recovered.
New employees needed proof from March 16th.
If such proof is missing, the facility must inform the health department.
It can prohibit those affected from entering their workplace or from continuing to work.
There is an exception for people who cannot be vaccinated for medical reasons.
It was only on Monday (May 16) that Baden-Württemberg, Bavaria and Hesse appealed at a digital conference of health ministers to dare a new start in the Bundestag for compulsory vaccination from the age of 60 in view of the threatening corona wave in autumn.
In this way, an overload of the health system and thus restrictions for the entire population could be avoided.
At the end of June, the health ministers should discuss this again and make a decision.
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Corona in Germany: Incidence continues to fall - limited validity of the numbers
The corona situation in Germany is currently easing further.
The nationwide seven-day incidence fell again Thursday morning and now stands at 383.2.
The day before it was still 407.4 (previous week: 502.4; previous month: 669.9).
This emerges from the data of the RKI.
Within one day, 58,719 new corona infections and 165 deaths were reported.
However, the numbers do not provide a complete picture of the infection situation.
Experts have been assuming for some time that there will be a large number of cases not recorded by the RKI - due to overworked health authorities and because not all infected people have a PCR test done.
Only these count in the statistics.
In addition, late registrations or problems with the transmission can lead to a distortion of individual daily values.
(ph with dpa)