Federal Constitutional Court rejects urgent applications from parents and children
Kindergarten children must continue to be vaccinated against measles. With a decision published on Monday, May 18, 2020, the Federal Constitutional Court in Karlsruhe rejected two urgent requests directed against this (file number: 1 BvR 469/20 and 1 BvR 470/20). The interests of the opponents of vaccination and their children would have to recede from the general interest in the defense against infection-related risks.
Measles vaccination came into force
The measles vaccination obligation introduced in the Infection Protection Act came into force on March 1. It applies to children in a daycare center and also to other forms of care, for example by a childminder. The children are not allowed to attend daycare without vaccination or immunity.
Parents criticize violation of physical integrity
In two cases, the children and their parents complain of a violation of physical integrity, an inadmissible violation of parental rights and a violation of the principle of equal treatment. The reactions and possible damage to the children from the medically unnecessary vaccination could not be reversed.
The Karlsruhe judges conceded to the opponents of vaccination that their constitutional complaints were "at least not inadmissible from the outset or clearly unfounded". However, the Federal Constitutional Court did not comply with the parents' wish to suspend the factual obligation to vaccinate their children until a decision in the main proceedings.
Vaccination rate is above parental rights
A suspension of the obligation to vaccinate would protect the interests of many people that are protected by fundamental rights. Because the vaccinations should not only protect the respective children, but at the same time prevent the spread of measles. Only a high vaccination rate could also protect people who cannot themselves be vaccinated for medical reasons.
In relation to these interests, the interest of parents and their children in childcare without vaccination must step down, the Federal Constitutional Court decided in its decision of May 18, 2020, now published in writing. Sb / mwo / fle
Author and source information
This text corresponds to the specifications of the medical literature, medical guidelines and current studies and has been checked by medical doctors.
- Federal Constitutional Court, file number: 1 BvR 469/20 and 1 BvR 470/20