▷ Constitutional lawyer: Corona vaccination compulsory for health professions permissible and reasonable

03.11.2021 – 07:50

Heilbronn voice

Berlin (ots)

In view of the increasing number of infections and the corona outbreak in a nursing home in the Barnim district (Brandenburg) with several fatalities, constitutional lawyer Prof. Dr. Frauke Brosius-Gersdorf makes vaccination compulsory for health professions permissible. Brosius-Gersdorf, who teaches at the University of Potsdam, told the “Heilbronner Voice”: “In my opinion, compulsory vaccinations for certain professional groups who are particularly close to vulnerable people – e.g. in hospitals, in nursing homes – are legally permissible Such an obligation to vaccinate, which the legislature (not: the executive) would have to regulate, would mean an interference with the physical integrity of the professionals concerned, but the interference would be comparatively low because the risk of health damage from a vaccination afterwards the current state of medical knowledge is generally low. “

A compulsory vaccination for certain professional groups would also be proportionate, emphasizes the lawyer: “The right arises when weighing up the protection of vulnerable people such as patients in hospitals or those in need of care in care facilities, which would be brought about by a mandatory vaccination of professionals Compulsory vaccination would be proportionate because, firstly, the associated interference with the physical integrity of the professionals is minimal; and, secondly, because it effectively protects the life and limb of the persons entrusted to the hospital doctors and nursing staff a vaccination does not completely exclude the risk of infection and contagion of others, but it does reduce it significantly With their choice of profession, eger assume a special responsibility for their patients or nursing home residents, which also speaks for the reasonableness of a vaccination requirement. “

The constitutional lawyer emphasizes: “I do not see a milder means that protects life and limb of patients or those in need of care as effectively. Vaccination of vulnerable people themselves unfortunately does not rule out a corona infection, because there are vaccination breakthroughs, especially the elderly and sick People are often particularly vulnerable. And regular tests by doctors and nurses are not as effective as mandatory vaccination, especially since the tests have a certain error rate and in practice there is the problem of effective control of the tests. “

Brosius-Gersdorf further said: “A vaccination requirement for certain occupational groups would have to be carefully designed so that it is proportionate and the resulting unequal treatment compared to other occupational groups without a vaccination requirement is justified. For this, it is important that the legislature does not make vaccination requirements job-related, but job-related It could, for example, build on work in health facilities such as hospitals and care facilities, in which vulnerable people regularly lie and where there is a special and not only fleeting physical closeness between the health staff and the patients or those in need of care. “

Her recommendation: “The legislature must provide an exception for health workers for whom a vaccination poses an increased health risk because of a relevant pre-existing illness. In such cases, the weighing up can be different and the right to physical integrity of the professionals concerned can be weighed against the protection of the patients and those in need of care proceed on a case-by-case basis. “

Frauke Brosius-Gersdorf has been a member of the Central Ethics Committee at the German Medical Association since 2016.

The complete text under: https://www.stimme.de/deutschland-welt/politik/dw/verfassungsrechtlerin-impfpflicht-fuer-gesundheitsberufe-waere-zumutbar;art295,4552249

Press contact:

Heilbronn voice
Hans-Jürgen Deglow
Chief Correspondent / Berlin
[email protected]

Original content by: Heilbronner Demokratie, transmitted by news aktuell


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