It was argument against argument as to which weighs more: the right to one's own physical integrity or the protection of the elderly and/or sick from infection with the coronavirus. The corona vaccination requirement in care, practices and clinics has triggered a wave of constitutional complaints, which the Federal Constitutional Court has now finally decided on.
Back in February, the Federal Constitutional Court rejected an urgent application against the planned compulsory vaccination in the nursing and healthcare sectors. Although it was clear that the law could be implemented for the time being
The question still remained open as to whether a facility-related vaccination requirement was fundamentally constitutional, which was examined in the current main proceedings. In February, the judges also criticized the fact that the law only referred to a regulation with further references to the websites of the Paul Ehrlich Institute and the Robert Koch Institute, but that there was nothing more precise about proof of vaccination and recovery.
The final verdict on compulsory vaccination: The obligation to protect comes first!
According to the new judgment (see HERE ), the legislature “has found an appropriate balance, within the scope of its discretion, between the protection of vulnerable people from infection with the coronavirus SARS-CoV-2 and the impairment of fundamental rights pursued by the obligation to provide evidence. Despite the high intensity of intervention, the constitutionally protected interests of the complainants working in the health and care sector must ultimately take a back seat .
In concrete terms, this means: The protection of the elderly and sick takes priority over the right of nursing staff to physical integrity.
As of March 15, 2022, people who work in certain healthcare and nursing facilities or companies must continue to present proof of being fully vaccinated against COVID-19 or having recovered from it to the respective facility or company management.
In the ruling, the BVerfG also highlighted the special protection needs of old and sick patients: groups at risk are often neither able to protect themselves effectively through vaccinations nor to avoid contact with employees in the health and wellness sector, as they often whose services are dependent. The likelihood of serious consequences from a vaccination is extremely low, while the likelihood of damage to life and limb in susceptible people due to infection with COVID-19 is significantly increased.
Employer's obligation to report
The ruling also stipulates that the employer, i.e. the respective facility or company management, must report this to the health department if there is no proof of vaccination or recovery status. This can then impose a ban on entry or activity against the persons concerned.
This means that unvaccinated staff in nursing, practices and clinics only have the option of either getting vaccinated or changing jobs.
Also interesting:
Scientific study analyzed the connection between vaccine hesitancy and social media using emotional tweets as an example.
Emotional tweets predict vaccination numbers
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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )

