Dhe Federal Constitutional Court has rejected constitutional complaints against compulsory measles vaccination for children. This means that children can only be cared for in daycare centers or with childminders if they have been vaccinated against measles or have already survived the disease and are immune.
In their decision published on Thursday, the judges in Karlsruhe determined that compulsory vaccination constitutes an interference with parents’ rights and the children’s right to physical integrity. However, the regulations served to protect vulnerable groups who could not be vaccinated against measles themselves. “In view of the very high risk of infection with measles and the associated risks of a severe course, there is a considerable risk … to third parties,” says the reasoning of the Federal Constitutional Court. Therefore, the encroachment on the fundamental rights of parents and children is proportionate.
Two years ago, parents had already failed in their urgent application to the Federal Constitutional Court, with which they wanted to prevent the compulsory vaccination from coming into force until the final decision on their constitutional complaint had been made. The compulsory vaccination came into force in March 2020. Now the constitutional complaints have also been finally rejected in the main proceedings.
The measles vaccination requirement for children who are cared for in day care centers or foster homes was introduced by the grand coalition. According to this, before their children enter a care facility, parents must present proof of vaccination or confirmation that they have survived the illness. The obligation to vaccinate can only be waived in the case of medical intolerance. The currently available vaccine consists of a combination against measles, mumps, rubella and chickenpox. In their decision, the constitutional judges made it clear that no further components may be added.
