The measles vaccination requirement introduced around two and a half years ago, including for daycare children, remains in force. The Federal Constitutional Court rejected several complaints from affected families, as the judges in Karlsruhe announced on Thursday. The encroachments on fundamental rights are not insignificant, but are currently reasonable. “Without violating constitutional law, the legislature gave priority to the protection of people at risk of measles infection over the interests of the complaining children and parents.” (Az. 1 BvR 469/20 et al.)
Compulsory vaccination should one day help to eradicate measles altogether. Experts assume that the highly contagious virus only has no chance if at least 95 percent of the population has been vaccinated across the board. That has not yet been achieved.
Self-government, telematics, Morbi-RSA: The briefing on health
The focus is primarily on community facilities such as day-care centers and schools. Since March 1, 2020, day care centers have only been allowed to admit children from the age of one if they are vaccinated or have already had the measles. The same rules apply to childminders.
Parents of children who are already in care had until July 31, 2022 to submit proof. No child is excluded from school because of compulsory education. However, parents face fines of up to 2500 euros.
The four pairs of parents with unvaccinated small children had sued because they saw this as a disproportionate encroachment on the fundamental right to physical integrity and their right to bring up children.
Experts warn against the fallacy that measles is just a harmless childhood disease. Complications can occur and the immune system remains weak for a long time. A rare late consequence is encephalitis, which almost always ends fatally. The highest possible vaccination rate also protects people who cannot be vaccinated, such as infants or pregnant women.
The obligation to vaccinate also applies to other facilities where many people come together, such as refugee accommodation. Employees are also included, for example teachers and educators. The staff in hospitals or doctor’s offices must also be vaccinated or immune to measles.
Anyone born before 1971 is exempt. The older ones are thought to have most likely had the measles anyway. Vaccination has only been recommended in Germany since 1974. In the GDR it had been compulsory for children since 1970.
