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reIt must have been clear to everyone that the corona pandemic problems did not result in the approval of a vaccine. Not only are the new distribution conflicts pushing to the center of the political debate, but there are also other issues that need to be renegotiated. On Monday, the federal Minister of Health, Jens Spahn (CDU), again spoke out against the special rights of vaccinated people.
Right-wing politicians in the coalition are now going one step further and considering generally banning vaccinated people from being privileged. “The SPD parliamentary group is examining legal measures to prevent unequal treatment of unvaccinated and vaccinated people by the private sector,” the SPD parliamentary group’s legal policy spokesman Johannes Fechner told the daily “Welt”. Right-wing CSU politician Volker Ullrich also spoke of a “loophole that we have to address.”
Everyone can choose their clients
In fact, it is not only restaurateurs who ask themselves at the beginning of the vaccination campaign whether it should not be possible to reopen the doors at least to those who can be treated safely and in accordance with infection control. In principle, freedom of contract applies in Germany, that is, everyone has the right to choose their customers and business partners for themselves. A club owner may turn down a guest because he doesn’t like his shoes or hairstyle.
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Although the State and its institutions are subject to the principle of equality of the Basic Law and must absolutely avoid any unfounded unequal treatment, this does not necessarily apply to individuals. They are only subject to the General Equal Treatment Law (AGG), which prohibits discrimination on the basis of gender, religion or skin color. Of course, vaccination status was not considered in the AGG as a starting point for discrimination. And even if they did, there would probably even be a justification, as ultimately there is an understandable objective reason for the unequal treatment of a vaccinated person. A wider obligation of equal treatment applies to individuals at most in service areas of general interest if, for example, only one provider is available for a vital service.
Fechner wants to avoid a wave of lawsuits
Until now it has been the case that pubs and hairdressers are not prohibited from serving only vaccinated people and cutting their hair, if it is not a remote town with only a hairdresser. Therefore, the member of the SPD, Fechner, considers it convenient to discuss the issue now: “We do not have legal clarity here,” Fechner told the FAZ. He fears a wave of legal proceedings that will extend to the Federal Court of Justice and will only bring one decision in years ago.
But Fechner also points out that it all depends on the question of whether the vaccines approved so far prevent vaccinated people from transmitting the virus or if they only protect the vaccinated ones. Because then a better position would be out of the question from the point of view of protection against infection. “We are at the beginning of the debate and we have not received a bill yet,” says Fechner, “but we have to ask ourselves the questions.”
