Karlsruhe Recently, there have been discussions mainly about the pros and cons of mandatory corona vaccination. Another compulsory vaccination has been in force for two and a half years – against measles. Some parents do not want to accept this and have complained with their affected children in Karlsruhe. On Thursday, however, the Federal Constitutional Court rejected the complaints: The vaccination requirement is constitutional.
The encroachments on fundamental rights are not insignificant. However, the regulations served to protect vulnerable groups who cannot be vaccinated against measles themselves. In view of the “very high risk of infection Measles” and the risks of a severe course, there is a “considerable risk” to third parties. The engagement in the right of parents and the right of children to physical integrity is therefore proportionate.
Many people have been vaccinated against measles. However, the quota is not high enough to prevent the circulation of the highly contagious virus and outbreaks. At least 95 percent of the population would have to be immune for this. Germany has also made a commitment to the World Health Organization to eliminate measles.
For whom does the measles vaccination apply and who does not have to be vaccinated?
It starts with those “who regularly come into contact with other people in community and health facilities”, as the draft law states. These are mainly day care centers and schools. The obligation to vaccinate also applies, for example, in refugee accommodation and for employees in hospitals and medical practices. An exception applies to people who cannot be vaccinated for medical reasons. Nobody is forced to be vaccinated anyway.
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What does this mean specifically for children and parents?
Since March 1, 2020, children over the age of one may only be admitted to a day care center or childminder if they have been vaccinated or have already had the measles. The parents have to prove that. The same rules apply to school – however, in case of doubt, compulsory schooling takes precedence. For children who were already in their day care center or school at the time, there was a transitional period for proof that was extended several times. It expired on July 31, 2022.
What happens if I circumvent the measles vaccination requirement?
If the proof is not available in time or if there are doubts about its authenticity, the facility must inform the health department. The office can then – with the exception of schools – after a reasonable period of time in individual cases, depending on the risk, issue a ban on entry. Alternatively, a fine of up to 2500 euros can be imposed.
How do the complaining families argue?
They don’t want to let the decision about vaccination be taken out of their hands. “Parents who make an informed and well-considered decision against the measles vaccination or who want to vaccinate later will be deprived of every possibility of external care for their children,” says a statement from the associations Doctors for Individual Vaccination Decisions and Initiative Free Vaccination Decisions, which the constitutional complaints support. “This represents an unjustifiable encroachment on the parents’ freedom of choice for their own social life and upbringing concept.” The children’s fundamental right to physical integrity is also violated.
The Standing Vaccination Commission recommends the first measles vaccination from eleven months.
(Photo: dpa)
Is the measles vaccination questionable and what side effects can occur?
Especially after the first vaccination, reactions such as fever and headaches can occur. Some vaccinated people also get a skin rash, the so-called vaccine measles. “Severe undesirable effects of vaccination are rare,” says the federal information portal.
How dangerous are measles?
Symptoms are fever, conjunctivitis, runny nose, cough, headache and the typical skin rash. Complications include diarrhoea, middle ear and pneumonia. In very rare cases, measles can lead to encephalitis, which in a special variant that only occurs years later is almost always fatal. Experts also warn that an infection weakens the immune system for a long time. Once you have measles, you are immune for the rest of your life.
How widespread are measles in Germany?
In the Corona years, only 76 (2020) and 10 (2021) cases were reported to the Robert Koch Institute (RKI). Before that, it was usually several hundred a year, in 2015 it was even 2,465. Critics of compulsory vaccination also refer to these relatively low numbers. On the other hand, there are people who are particularly at risk and cannot be vaccinated themselves, such as infants, the sick with an immune deficiency or pregnant women. If enough others get vaccinated, they are also protected.
In spring, the Federal Constitutional Court dismissed a lawsuit against the facility-related corona vaccination requirement.
(Photo: dpa)
How does the measles vaccination work?
For children, the Standing Vaccination Commission (Stiko) recommends one vaccination from eleven months and a second from 15 months. A so-called live vaccine made from weakened measles viruses is injected. In Germany there are only combination vaccines that are also used to vaccinate against mumps, rubella and, in some cases, chickenpox. The plaintiffs also criticize this.
Where are there vaccination gaps?
According to an RKI report from 2020, one problem is that some children are vaccinated much later than recommended. At that time, only 68 percent of the 24-month-old children had been vaccinated twice against measles, when they started school it was 93 percent. According to these figures, around 35,000 children up to the age of six had no measles vaccination at all. However, there are even larger gaps among adults. In 2019, the German Ethics Council therefore did not consider it justified to introduce compulsory vaccination for all children.
What do the courts say?
In 2021, the European Court of Human Rights approved compulsory vaccination in the Czech Republic against measles, among other things, which is also enforced with fines and denied daycare access. In spring, the Federal Constitutional Court dismissed a lawsuit against the corona vaccination requirement for nursing and health staff: the legislator’s consideration of “giving the protection of vulnerable people priority over a free vaccination decision in every respect” was unobjectionable. However, it was about a special professional group and a pandemic with many unknowns.
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