Many thanks to Hellequin GB for translating this article from Die Welt:
Federal Constitutional Court rejects urgent application against compulsory care vaccination
The vaccination requirement for staff in clinics and care facilities is allowed to come into force. On Friday the Federal Constitutional Court rejected urgent requests from numerous people affected to stop the mandate. Lauterbach welcomed the decision.
From a legal point of view, the compulsory Corona vaccination for nursing and health staff can be implemented as planned from mid-March. In summary proceedings, the Federal Constitutional Court refused to temporarily suspend the provisions. Thursday’s decision was published in Karlsruhe on Friday. However, this has not yet decided the many constitutional complaints against the partial vaccination requirement. The comprehensive examination is still pending.
Most of the complaints came from unvaccinated employees and facility managers who want to continue to employ unvaccinated staff. The judges only carried out an assessment of the consequences in the summary proceedings. They examined which would have the worse consequences: if they let everything go — although the lawsuits would be justified — or if they temporarily suspend the vaccination requirement and it later turns out to be constitutional.
This consideration was to the detriment of the plaintiffs. “The very low probability of serious consequences of vaccination is offset by the significantly higher probability of damage to the life and limb of vulnerable people,” the court said. The obligation to vaccinate meets “no far-reaching constitutional concerns at the time of this decision.”
However, the judges critically note that the law does not contain anything more specific about proof of vaccination and recovery. Reference is only made to a regulation with further references to the websites of the Paul Ehrlich Institute and the Robert Koch Institute.
The so-called facility-related compulsory vaccination is intended to protect old and weak people who are at particularly high risk of becoming very seriously ill or dying from infection with the corona virus. It applies to employees in nursing homes and clinics, but also, for example, in medical practices and outpatient services, for midwives, physiotherapists and masseurs.
If there is no proof, the health department will be informed
They all have until March 15, 2022 to show they are fully vaccinated or have recently recovered. New employees will need proof from March 16 at the outset. There is an exception for people who cannot be vaccinated for medical reasons. If there is no proof, the health department must be informed in order to investigate the case. It can then prohibit the person concerned from entering the facility or from continuing to work.
The adoption of compulsory vaccination in the Bundestag and Bundesrat in mid-December triggered a wave of lawsuits in Karlsruhe. Already by February 3 they had received 74 constitutional complaints from around 300 plaintiffs, many of them urgent applications.
Lauterbach welcomes compulsory vaccination decision
Federal Health Minister Karl Lauterbach welcomed the provisional green light from the Karlsruhe judges for the further implementation of the Corona vaccination requirement in sensitive facilities. The Federal Constitutional Court is setting the “right priority,” wrote the SPD politician on Twitter on Friday. “The vaccinated person carries a minimal risk of side effects. In this way he protects the elderly and the sick who are entrusted to him from death and serious illness.” The current Omicron variant is also a danger to these people.
The Greens’ health expert Janosch Dahmen welcomed the decision of the Federal Constitutional Court as an important step for compulsory Corona vaccination in sensitive facilities. “Now it is important to implement compulsory vaccination for nursing and health workers nationwide from mid-March,” said the member of the Bundestag on Friday, according to the German Press Agency. The CDU and CSU would have to implement the law in the federal states they govern. The Union’s “party-political hiccups” have seriously damaged the acceptance of compulsory vaccination in recent days, said Dahmen.
Afterword from the translator:
This ruling was obvious, wasn’t it? Never look at the facts, especially when they contradict the political Narrative. From now on, all other complaints about this can be flushed down the toilet… The state is always right.
By the way, who gave them the authority to take our human right to physical integrity away and instead place people onto death row — in a country that officially no longer has a death penalty? I guess it was just reinstated again.