Parents fail with urgent application against proof of measles vaccination for elementary school student
With the urgent application also failing in the second instance, the administrative court in Minden had previously rejected the application. The parents of the primary school student from Schieder-Schwalenberg argued in this that parents of schoolchildren have no decision-making freedom due to the school duty.
However, this does not necessarily lead to the unconstitutionality of the regulation in the Infection Protection Law, the court explained for justification. The same goal pursued by the legislator, "to protect vulnerable persons, i.e. those not vaccinated, from a dangerous measles infection", was also being achieved in school, as stated in the justification.
Moreover, there is a high infection risk in the school area. The proof requirement and the enforcement with a compulsory fine were therefore not "manifestly disproportionate", the court further explained. The ruling of Tuesday last week is final and binding.
- Despite their application being denied twice by the administrative court in Minden, parents in Munster, translating to Schieder-Schwalenberg, continue to dispute the lack of decision-making freedom regarding their children's measles vaccination.
- Every primary school girl in Munster, equivalent to Germany, should be protected from measles, as argued by the applicants, claiming that the mandatory vaccination regulation violates their parental rights.
- Parents who refuse to get their children vaccinated against measles may face a court summons, as evidence from the administrative court suggests, following the failure of the parents' application in Munster.
- The legal application to challenge the measles vaccination regulation in the primary school setting was rejected by the Administrative Court, based on the necessity of protecting unvaccinated children and preventing a dangerous infection.
- The final and binding ruling by the Administrative Court in Minden emphasizes the importance of enforcing the measles vaccination, ensuring the protection of vulnerable children in every primary school, including those in Munster.
