Covered by the Basic Law: Lawyers consider mandatory vaccination to be feasible

Covered by the Basic Law
Lawyers consider mandatory vaccination to be feasible

More and more politicians from the federal and state governments are in favor of a general compulsory vaccination. Lawyers also consider the introduction of such a strict regulation to be appropriate in view of the increasing corona numbers. The law professor Franz C. Mayer emphasizes that this is not about coercion.

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.

According to the constitutional lawyer Ulrich Battis, a general compulsory vaccination against the corona virus would be covered by the Basic Law. “Such a general compulsory vaccination is absolutely justifiable – to protect the lives of other people,” said the legal scholar from the Berlin Humboldt University of the “Neue Osnabrücker Zeitung”. Battis referred to Article 2 of the Basic Law, which lays down the protection of the life of other people. “The basic right to physical integrity, which Article 2 also stipulates, has to withdraw.”

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.”

Disagreement in the CDU

The heads of government of Baden-Württemberg and Bavaria, Winfried Kretschmann and Markus Söder, wrote in a joint Guest contribution for the “Frankfurter Allgemeine Zeitung”: “Compulsory vaccination 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 compulsory vaccination in Germany – and currently in a weakened form for measles, according to the Green politician. CSU boss Söder had recently pleaded for a general 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 from the SPD said that 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.” Against this, Saarland’s Prime Minister Tobias Hans, the Managing Minister of Health Jens Spahn, both CDU and FDP parliamentary group vice-president Michael Theurer opposed.

Individual freedom has limits

The administrative lawyer Hinnerk Wißmann from the University of Münster told the “Welt” that compulsory vaccination was the milder means “if the alternative is to abolish the free state in endless lockdown loops”. Uwe Volkmann, professor of public law at the Goethe University in Frankfurt, said the “depth of intervention” is less than “the serious restrictions on freedom that would otherwise be necessary”.

The Bielefeld law professor Franz C. Mayer told the editorial network Germany: “The freedom of the individual ends where the freedom and health of others are in danger – this 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 legal regulations for the loss of health insurance coverage 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.

Countries are discussing stricter rules

The President of the German Teachers’ Association, Heinz-Peter Meidinger, sees compulsory vaccination as a last resort. He told Funke Mediengruppe 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 a general vaccination requirement in order to finally break out of this vicious circle of loosening and lockdowns . ”

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.

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