“Yes, in principle, mandatory vaccination is possible. Although it does represent an encroachment on fundamental rights, this can be justified under the banner of health protection”, is how Anja Krasser from the Institute of Public Law sums up her opinion. The prerequisite is weighing the risks posed by a vaccination against those posed by the disease. “An assessment must be carried out separately for each vaccination and for each disease”, says Krasser. Similarly, in the case of Covid-19, lawmakers are required to examine whether the risk of disease to the population is greater than that of the vaccination. For example, if there is a risk of dying from the consequences of an infection, then fever is an entirely reasonable consequence of immunisation. “The individual risk of the persons concerned must also be included in the decision, in addition to the general probability of side effects occurring or complications arising from the vaccination”, explains the legal expert. Additional relevant factors are the likelihood of infection in the absence of immunisation and the benefit to society achieved by the intervention. “The public interest in making vaccination mandatory becomes more significant the more clearly the vaccination reduces the instances of the disease or even prevents it”, adds Krasser.
What happens if shops or inns only want to allow customers in that have been vaccinated? Some people have foreseen this scenario. “This would in effect make vaccination compulsory. It is not really relevant whether the state imposes a penalty or attaches other consequences to a failure to be vaccinated”, argues the lawyer. The question arises in such a case as to whether the measure would be proportionate. “If there are several options, lawmakers must always choose the one that leads to the ultimate goal and at the same time is the least drastic”, Krasser explains. In any case, it is not acceptable to exclude people from basic supply and care. On the other hand, the situation is different for inns and event organisers: “Even now, a nightclub can say they only want to admit people over 21, although 18-year-olds are allowed to stay out and consume alcohol at the same hours”, says the legal expert.