With its decision of today (decision of April 27.04.2022th, 1, Az. 2649 BvR 21/16.03.2022), the Federal Constitutional Court surprisingly declared the corona-related facility-related vaccination requirement that has been in force since March XNUMXth, XNUMX to be constitutional.
According to § 20 a IfSG, people who work in certain areas of the health care system have had to provide proof of vaccination against the coronavirus or a recovered status since March 15th. Even those who cannot be vaccinated for health reasons must prove this accordingly.
The constitutional complaint filed against this by individuals has now been rejected by the BVerfG.
The institution- and company-related obligation to provide evidence regulated in § 20a IfSG encroaches on the physical integrity protected by Art. 2 Para. 2 Sentence 1 GG. However, the intervention is constitutionally justified.
In justification, the BVerfG states, among other things, verbatim:
- “Measured against this, the legislature is pursuing the legitimate purpose of protecting vulnerable people from infection with the SARS-CoV-2 coronavirus with the provision attacked here. His assumption that there is a significant risk for important objects to be protected, which requires legislative action, is based on sufficiently reliable factual knowledge.
- "The obligation introduced in § 20a IfSG until December 31, 2022, in particular to prove a COVID-19 vaccination or a recovery from the COVID-19 disease, serves to protect public health and the as special groups of people assessed as vulnerable to COVID-19 disease"
You can find the relevant link to the judgment here.
