Federal Constitutional Court: Institution-related compulsory vaccination is permissible

The obligation to vaccinate against the coronavirus for certain professional groups remains in place. The Federal Constitutional Court decided this and thus dismissed complaints from employees in the health care system.

As expected, the Federal Constitutional Court has finally dismissed the lawsuits against the occupational vaccination requirement. The arguments are similar to those of the emergency decision from February: the eight judges of the First Senate again say that the obligation to vaccinate means an encroachment on physical integrity. Those who do not want to be vaccinated must expect a fine or give up their job. But this intervention is constitutionally justified. The legislature is pursuing a more important purpose: to protect the elderly or the sick from infection with the corona virus.

Duty to protect comes first

In December 2021, the state had a duty to protect people who were particularly at risk due to the pandemic situation, so it should have acted. And because serious side effects from vaccination are very rare, he was allowed to expect that from the nursing staff. That is not to be judged differently now.

The court continues to assume that the vaccination offers protection against infection, even with the omicron variant. The judges refer to the medical societies. They agree that the risk groups are still at risk even with the typically milder course of the disease.

Overall, the legislature has a wide discretion. Because the pandemic is characterized by a dangerous dynamic that is difficult to predict. So the situation is complex.