Parents sue against compulsory measles vaccination at daycare centers: Federal Constitutional Court verdict is imminent

Created: 08/18/2022, 08:06

A pediatrician vaccinates a one-year-old child against measles in the thigh.

From March 1st, vaccination against measles will be mandatory in Germany.

© Julian Stratenschulte/dpa

Measles vaccination has been compulsory in Germany since March 2020 - but is it also constitutional?

After a complaint from parents, the Federal Constitutional Court will decide on Thursday.

Karlsruhe – Germany has had a compulsory measles vaccination for around two and a half years.

On the other hand, four affected families with small children have complained.

The Federal Constitutional Court will announce on Thursday (9.30 a.m.) whether the lawsuit will be successful.

Compulsory vaccination against measles in daycare centers and schools was introduced in March 2020 to improve protection against the highly contagious virus infection.

It should help to eradicate measles altogether one day.

Experts assume that the highly contagious virus only has no chance if at least 95 percent of the population has been vaccinated across the board.

That has not yet been achieved.

Measles vaccination before the Federal Constitutional Court - parents see interference in fundamental rights

When it comes to compulsory vaccination, the focus is primarily on community facilities such as day-care centers and schools.

Since March 1, 2020, day care centers have only been allowed to admit children from the age of one if they are vaccinated or have already had the measles.

The same rules apply to childminders.

Parents of children who are already in care had until July 31, 2022 to submit proof.

No child is excluded from school because of compulsory schooling, but parents face fines of up to 2,500 euros.

The plaintiff parents see this as a disproportionate encroachment on their children's fundamental right to physical integrity and their own right to bring up children.

In May 2020, the constitutional judges rejected urgent applications from two families.

A detailed examination of all relevant questions only takes place in the main proceedings.

Experts warn against the fallacy that measles is just a harmless childhood disease.

Complications can occur and the immune system remains weak for a long time.

A rare late consequence is encephalitis, which almost always ends fatally.

The highest possible vaccination rate also protects people who cannot be vaccinated, such as infants or pregnant women.

Measles vaccination is not only compulsory in day care centers and schools

The obligation to vaccinate also applies to other facilities where many people come together, such as refugee accommodation.

Employees are also included, for example teachers and educators.

The staff in hospitals or doctor's offices must also be vaccinated or immune to measles.

Anyone born before 1971 is exempt.

The older ones are thought to have most likely had the measles anyway.

Vaccination has only been recommended in Germany since 1974.

In the GDR it had been compulsory for children since 1970.

Since March there has also been a corona vaccination requirement for health and nursing staff in Germany.

The Constitutional Court has already reviewed and approved this.