Judgment of the Federal Constitutional Court: Measles vaccination for children is legal

The Federal Constitutional Court considers the measles vaccination to be sensible and constitutional. This means that children can only be cared for in daycare centers or with childminders if they have been vaccinated or have already recovered from the disease.

The Federal Constitutional Court considers the measles vaccination to be sensible and constitutional. As a result, it leads “to a significantly improved health security of the child”. The state is obliged to protect people at risk who cannot be vaccinated – such as pregnant women or children under the age of one.

The state must prevent mass outbreaks. How he does that, he has a margin of appreciation. But the scientific basis is reliable. The court admits that the obligation to vaccinate is a serious encroachment on the rights of parents and the rights of children. But the protection of vulnerable people has priority.

encroachment on fundamental rights proportionately

The focus is primarily on community facilities such as day-care centers and schools. Since March 1, 2020, day care centers have only been allowed to admit children from the age of one if they are vaccinated or have already had the measles. The same rules apply to childminders. “In view of the very high risk of infection with measles and the associated risk of a severe course, there is a considerable risk to third parties,” says the reasoning of the Federal Constitutional Court. Therefore, the encroachment on the fundamental rights of parents and children is proportionate.

In one point, however, Germany’s top judges are accommodating to the complaining parents: they do not have to tolerate other combination vaccines. This means that only the combination with vaccines against mumps, rubella or chickenpox is constitutionally reasonable.

Compulsory vaccinations in force since 2020

Two years ago, parents had already failed in their urgent application to the Federal Constitutional Court, with which they wanted to prevent the compulsory vaccination from coming into force until the final decision on their constitutional complaint had been made. The obligation came into force in March 2020. Now the constitutional complaints have also been finally rejected in the main proceedings.

The measles vaccination requirement for children who are cared for in day care centers or foster homes was introduced by the grand coalition. According to this, before their children enter a care facility, parents must present proof of vaccination or confirmation that they have survived the illness. The obligation to vaccinate can only be waived in the case of medical intolerance.