German Federal Institutional Court, Decision 1 BvR 2649/21 from 27 April 2022

20 mai 2022 – The First Senate of the Federal Constitutional Court had rejected a constitutional complaint directed against § 20a, § 22a and § 73 para. 1a sections 7e to 7h of the German Act on the Prevention and Control of Infectious Diseases in Humans (Infektionsschutzgesetz, IfSG). These provisions require staff of certain institutions and organisations in the health and care sectors to provide proof of vaccination, recovery or medical contraindication to vaccination against Covid-19.

The German Federal Constitutional Court ruled that the interference with the physical integrity of health workers in Germany is justified. The challenged provisions do not violate the complainants’ rights under Art. 2 para. 2 first sentence and Art. 12 para. 1 of the Basic Law (Grundgesetz, GG). To the extent that the provisions interfere with these fundamental rights, the interferences are justified under constitutional law. The legislator was within its margin of appreciation, striking an appropriate balance between the protection of vulnerable groups from infection with SARS-CoV-2 on the one hand, and impairments of fundamental rights on the other. Despite the great intensity of the interference, the fundamental rights interests of the complainants, who work in the health and care sectors, ultimately must stand back.

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