Employees in care facilities had to be vaccinated during the corona pandemic if they had not recovered. (imago images/Michael Weber)
Due to the massive doubts about the constitutionality of the relevant paragraph in the Infection Protection Act at the time, the judges suspended the proceedings and referred the case to the Federal Constitutional Court. The plaintiff was a nursing assistant who had been banned from working due to a lack of proof of vaccination or recovery.
The administrative judges assume that the facility-related vaccination requirement violates the fundamental right to physical integrity and the freedom of occupation of those affected. To justify this, they referred to new findings from the recently published protocols of the Robert Koch Institute and the results of a witness interview by RKI President Schaade. According to this, it was clear by November 2022 at the latest that even vaccination did not protect against infecting other people with the coronavirus. However, protecting vulnerable people from infection was the decisive factor in introducing the facility-related vaccination requirement.
This message was broadcast on 04.09.2024 on the Deutschlandfunk program.
