Daycare children must be vaccinated against measles. The Federal Constitutional Court dismissed several lawsuits from affected families. The encroachments on fundamental rights are reasonable in order to protect particularly vulnerable people from infection.
The Federal Constitutional Court has finally approved the measles vaccination requirement in day care centers and schools that has been in force since March 2020. As the court in Karlsruhe announced, it rejected the constitutional complaints by parents of unvaccinated daycare children as unfounded. As early as May 2020, it had provisionally confirmed the obligation to vaccinate in a preliminary urgent procedure.
In their decision, the Karlsruhe judges determined that the obligation to vaccinate 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. Four pairs of parents with unvaccinated small children had complained because they saw this as a disproportionate encroachment on the fundamental right to physical integrity and their right to bring up children.
Two years ago, parents had already failed with an urgent application before 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.
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. 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. The obligation to vaccinate can only be waived in the case of medical intolerance. No child is excluded from school because of compulsory education. However, the parents face a fine of up to 2500 euros.
The measles vaccination requirement for children who are cared for in day care centers or foster homes was introduced by the grand coalition. In their decision, the constitutional judges made it clear that no further components may be added.
The currently available vaccine consists of a combination against measles, mumps, rubella and chickenpox. 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.
