According to a decision from Karlsruhe: Government wants to regulate triage quickly

Status: December 28, 2021 5:28 p.m.

The Karlsruhe judges couldn’t put it more clearly: An “immediate” triage regulation is needed to protect people with disabilities. The decision was welcomed across all parties, the federal government promises a quick remedy.

Federal Minister of Justice Marco Buschmann has announced that the federal government will react quickly to the Federal Constitutional Court’s triage decision: “The first goal must be that triage does not occur in the first place. If so, then clear rules are required to protect people with disabilities Offer discrimination, “wrote the FDP politician on Twitter.

Clear decision – but room for maneuver

According to the Federal Constitutional Court, people with certain previous illnesses and impairments are particularly at risk in the corona pandemic. If there are not enough beds and ventilators in the intensive care units, there is a risk that they will not be treated. That is why the legislature must enact better regulations to protect people with disabilities.

According to the judges, it is unconstitutional that politicians have not done this so far. You refer, among other things, to Article 3 Paragraph 3 Clause 2 of the Basic Law. According to this, people with disabilities must not be disadvantaged. The Federal Constitutional Court does not make any specific requirements on the question of what a regulation could look like. The legislature has a wide scope for assessment, evaluation and design here.


In medicine, triage is a method according to which, in emergencies or pandemics, who is treated first is selected. The chance of survival, for example, can play a role here. The word triage comes from the French verb “trier”, which means “sort” or “choose”.

The term was originally coined by military medicine, but is now also used in emergency medicine or civil defense. In the military context, it was also about treating the soldiers first, who could quickly be made fit again.

“I welcome these clear words”

“The Federal Constitutional Court shows that there is a risk of people with a disability being disadvantaged in an extreme situation such as triage,” said Buschmann in a more detailed statement. The legislature must therefore immediately set requirements itself.

“I welcome these clear words from the Federal Constitutional Court.” The federal government will “quickly and carefully analyze the various legislative options and quickly submit a draft law to the German Bundestag,” announced Buschmann.

Cross-party consent

The decision of the Karlsruhe judges was welcomed across all parties. Federal Health Minister Karl Lauterbach tweeted: “People with disabilities need protection from the state more than anyone else.”

Numerous other SPD politicians also joined the praise. In addition to numerous representatives of the FDP, approval also came from the ranks of the Greens.

Kolja Schwartz, SWR, on the protection of people with disabilities in the event of triage

Tagesschau 4:00 p.m., December 28, 2021

Union is urging rapid legal certainty

Politicians of the Union called on the Federal Government to react swiftly to the decision of the Federal Constitutional Court. Among other things, the deputy chairman of the Union parliamentary group, Andrea Lindholz, demanded quick legal security for doctors, also with a view to the threat of overloading the hospitals with the Omikron variant of the corona virus. “The questions raised by the Federal Constitutional Court in its decision could therefore soon become acute. For this reason, from my point of view, a corresponding law should be discussed and passed by the Bundestag in January,” said the CSU politician.

FDP Vice President and Bundestag Vice President Wolfgang Kubicki countered in the “Rheinische Post” with a reproach to the previous government: “The fact that the Union that appointed the Federal Health Minister in the last legislative period did not act here for a year and a half unfortunately only fits into the picture Corona policy designed for the short term under Chancellor Merkel. “

Above all, the legislature should work to avoid triage situations, said AfD parliamentary group vice-president Beatrix von Storch: “We are a developed country in the first world that does not come to the brink of the collapse of the economy and society with 5000 additional intensive care patients If so, then that alone is a massive political and management problem. ”

“Involve people with disabilities”

The Federal Government’s Commissioner for the Disabled, Jürgen Dusel, told the “RedaktionsNetzwerk Deutschland” that people with disabilities and their self-advocacy organizations should be involved in the legislative process as experts on their own behalf.

Numerous associations also praised the decision as overdue, including the board of directors of the German Foundation for Patient Protection, Eugen Brysch: “Now the Bundestag can no longer avoid it,” said Brysch. So far, the Bundestag has always delegated decisions on prioritization in the health system – for example to professional associations. The decisions now to be made are certainly not easy for the MPs.

Federal Constitutional Court: State must protect people with disabilities from triage

daily news 4 p.m., Kolja Schwartz, SWR, December 28th, 2021

Legislators “must define guard rails”

In addition to the churches, there was praise for the decision from the chairman of the World Medical Association, Frank Ulrich Montgomery. Similar to the transplant law, the legislator must now define “guard rails”, according to which medical organizations should orient themselves with their guidelines for action, Montgomery told the newspapers of the “Funke Mediengruppe”. “But the responsibility for the final decision will always remain with the doctors.”

File number: 1 BvR 1541/20

Federal Constitutional Court decision on triage: Legislators must act

Klaus Hempel, ARD Karlsruhe, December 28, 2021 10:24 a.m.

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