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Constitutional lawyer: ban on privileges for vaccinated persons temporarily possible in Germany

According to the constitutional lawyer Christoph Möllers, privileges for vaccinated persons could be prevented for a transitional period by a law of the Bundestag.

Karlsruhe - In principle, private companies such as restaurants or tourism companies are free to exclude people from their offers, said Möllers, Professor of Public Law at Berlin's Humboldt University to Süddeutsche Zeitung (Thursday edition). This could theoretically mean that people without a vaccination certificate could also be turned away. "Nevertheless, the legislature should see it differently and supplement the anti-discrimination law."

Such a change would have constitutional limits. But for a transitional phase of a few months, the legislature has leeway here. According to the professor, the decision on the sequence in which the vaccination should be given would also have to be made by the Bundestag.

"It is very strange that a prioritization decision that directly affects the right to life and physical integrity has not been prescribed by the legislature." Because this is connected with "the very real possibility that people who are vaccinated later suffer damage to their health". Möllers also advocated not banning demonstrations entirely, even in difficult times.

"You can also anesthetize a society by saying that freedom of assembly actually applies, but right now you are not allowed to demonstrate." Of course one does not like to express such thoughts, "when one sees all the tin foil hats and Covid deniers". However, it should not be dismissed as a problem that people still want to demonstrate on the streets.Photo:
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