In a decision published today, the German Federal Constitutional Court calls on the parliament to take immediate measures to protect people with disabilities in the event of a triage due to the Covid-19 pandemic. According to the German Supreme Court, the legislator violated Article 3 (3) of the Constitution by failing to take precautionary measures to ensure that no one is discriminated against on the basis of disability when it comes to access to vital medical care. and in intensive care units (ICUs). The article states that “no one is favored or wronged because of gender, gender, race, language, origin, faith, religious or political beliefs. No one is wronged because of physical disability.”
The constitution is not observed
The plaintiffs in court, nine people with disabilities and a medical history, argued that in their own case the constitution was being violated. In their appeal, they expressed concern that due to their state of health they would have less medical care in hospitals than other patients. Especially in the case of doctors who are called to decide which patients will be admitted to the ICU and which will not, when their number is greater than the available beds. The consequence of this sorting is generally that those who will not be admitted to the ICU will not survive.
In its ruling, the court emphasizes that people with disabilities and a medical history are at greater risk of infection. It follows from the prohibition of discrimination against them, as stated in the constitution, that they should be effectively protected. This is not guaranteed by the current regime. The judges adopt the applicants’ view on the grounds that they are in danger of being wronged.
First reactions
The German Supreme Court asks the parliament to take, and in the light of the UN Convention on the Rights of Persons with Disabilities (SEDEAA), the necessary measures to prevent discrimination on the grounds of disability. In a first reaction, MPs from the ruling parties (Social Democrats, Greens, Liberals) welcomed the court’s decision and expressed their intention to take initiatives to discuss the whole issue in parliament. The “clear mandate to the legislator” is spoken by the vice-president of the Social Democrats, Dirk Wiese, while the president of the Greens, Britta Hasselman, states that the parliament will “carefully” consider the court decision and will discuss how with whom he will implement it.
Panagiotis Kouparanis, Berlin
Source: Deutsche Welle
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Source From: Capital
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