Federal constitutional court rejects Urgency of parents and children

Kindergarten-children must be more against measles should be vaccinated. With a on Monday, 18. May 2020, published decision, has rejected the Federal constitutional court in Karlsruhe, two directed against Urgency (Az.: 1 BvR 469/20 and 1 BvR 470/20). The interests of the opponents and their children would have to come back in relation to the General interest in the defense of infection-related risks.

Measles vaccination came into force

The infection law for the protection of the inserted measles vaccination came into force on 1. March in force. It applies to children in a daycare center, and for other forms of Care, for example by a childminder. Without vaccination or immunity the children are allowed to visit any daycare center.

Parents criticize the violation of the physical integrity

In two cases, the children and their parents of rügen, a violation of physical integrity, a violation of the rights of parents, as well as a violation of the principle of equal treatment. The reactions and possible damage to the children by the not medically necessary vaccination could not be undone.

The judges in Karlsruhe not to be confessed to the Impfgegnern, their constitutional complaints were “at least from the outset inadmissible or clearly unfounded”. The desire of the parents, the de facto compulsory vaccination of their children pending a decision in the main proceedings to suspend, not to the Federal constitutional court, but still.

Coverage is about parents right

To a suspension of the vaccination the basic legally protected interests of many people would be affected. Because the vaccination should protect not only the children, but at the same time, the further spread of measles to prevent. Only by a high level of vaccination Coverage, people could be protected, which can’t be vaccinated for medical reasons.

To these interests the interests of the parents and their children had to withdraw to a care without vaccination, decided by the Federal constitutional court, in its now written published decision dated 18. In may 2020. sb/mwo/fle