RESUMO
Now that the majority of medical personnel have been vaccinated against COVID-19 or are at least willing to be vaccinated, it is necessary to discuss whether employees can be required to be vaccinated. Can employers demand proof of vaccination, and are there consequences under labor law for refusing to vaccinate? Currently, there is no general legal COVID-19 vaccination requirement. Any mandatory vaccination is an encroachment on the fundamental right to physical integrity and to informational self-determination. This encroachment on fundamental rights must be weighed up in each individual case.
Assuntos
Vacinas contra COVID-19/administração & dosagem , COVID-19/prevenção & controle , Pessoal de Saúde/legislação & jurisprudência , Vacinação/legislação & jurisprudência , Alemanha , HumanosRESUMO
As the pandemic continues, there is increasing hope vaccinations are becoming available. As a solution for a nationwide immunization against the virus, a compulsory vaccination is repeatedly discussed. However, some opponents of vaccination are threatened by the idea of a possible mandatory vaccination. It is therefore necessary to discuss whether such a compulsory vaccination is theoretically legally enforceable. This article discusses the current legal situation in Germany. The introduction of a potential compulsory vaccination against the SARS-CoV-2 virus represents an encroachment on the fundamental right of physical integrity. According to §â20 (6) IfSG, a protective vaccination for threatened parts of the population is permissible by statutory order, if a transmissible disease with clinically severe courses occurs and its epidemic spread can be expected.