The calls for a corona vaccination are getting louder and louder. But would the Basic Law even allow that? An assessment of this is emerging among lawyers.
The advocates of a general compulsory vaccination against the coronavirus are now also getting the backing of legal scholars. Renowned lawyers 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-Wuerttemberg and Bavaria, Winfried Kretschmann (Greens) and Markus Söder (CSU) wrote in a joint guest post for the: “A vaccination requirement is not a violation of civil liberties. Rather, it is a prerequisite for us to regain 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.
Several prime ministers for compulsory vaccination
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 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.
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 Berlin’s Humboldt University. Battis referred to, who stipulates the protection of the life of other people. “The basic right to physical integrity, which Article 2 also stipulates, has to withdraw.”
“Compulsory vaccination can change the situation suddenly”
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 Munster, an imprisonment is the milder means, “if the alternative is to abolish the free state in endless lockdown loops”. Uwe Volkmann, professor for public law at the Goethe University Frankfurt, said that the “depth of intervention” is less than “the serious restrictions of freedom that would otherwise be necessary”.
The Bielefeld law professor Franz C. Mayer: “The freedom of the individual ends where the freedom and health of others are in danger – that is the case here if the vaccination campaign does not succeed.” Mayer made it clear that it was about compulsory vaccination and not compulsory vaccination. 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.
“Vicious circle of loosening and lockdowns”
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.”
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.
Source From: Stern
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