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It’s about this: Health Minister Alain Berset can imagine that it might be mandatory for certain people to get vaccinated against Covid-19. In the “Rundschau”, he named the staff of a retirement home who would only be allowed to continue working with the elderly if they can be vaccinated against the coronavirus, as soon as a vaccine is available.
It is not mandatory for everyone: Mandatory vaccination for the entire population is not legally possible in Switzerland. The Epidemic Law only stipulates that a mandatory vaccination can be carried out occasionally: for vulnerable population groups, exposed people or who carry out a certain activity. Possibly the staff of a nursing home would be included, as Federal Councilor Berset has explained.
Difficult to enforce: “There are no sanctions in the Epidemic Law,” says the spokesman for Franziska, an expert in constitutional and administrative law at the University of Bern. Whoever does not get vaccinated despite being mandatory cannot be fined or sanctioned in any other way. “However, you can transfer the person to a job, for example, so that they no longer have anything to do with older people,” says Sprecher. In this sense, a compulsory vaccination may have consequences for the interested party and be perceived by him as a compulsory vaccination.
Protect others: The goal of a vaccine is to protect other people from getting infected. “That’s why the state can generally impose certain obligations on me to protect third parties,” says Sprecher. This also includes, for example, that a doctor needs a license or that certain professional groups have to wear certain clothes. And vaccination for certain professional groups is one of these obligations.
Ah link “last argument”; “However, the legislator has only made vaccines mandatory as a last resort,” says the speaking attorney. Therefore, it must be checked beforehand whether third parties at risk cannot be protected as effectively by other measures. Mandatory vaccination can only be ordered by the canton or the federal government if there is no other way to protect those in need of protection.
Opponents of vaccination: The question arises as to why the population feels that the general resistance to vaccination is greater than that of other tasks such as wearing a seat belt in traffic or compulsory schooling. Speaking of which, the lawyer says: “The special thing about vaccination is that you do not do it for yourself, but for third parties.” Vaccination interferes with the personal integrity of a healthy person for the benefit of other people, in contrast, for example, with the obligation to wear a belt, where the objective is to protect oneself.
