Some German politicians insist a COVID-19 vaccine mandate would divide society. Others argue it would be unconstitutional. Ines Eisele believes these are weak arguments and an excuse to do nothing.
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German Health Minister Jens Spahn has said he fears a general vaccine mandate would widen divisions in society and entrench people in their positions. Other politicians have expressed similar views in recent weeks and months. My impression is that people always tend to fall back on the threat of division when they don't want to make unpleasant decisions.
And it's nonsense. A homogeneous society is, and always has been, a theoretical construct. Real society is heterogeneous, and has many fault lines — it is, you could say, divided. As long as no decisions are made — especially not about COVID measures, or mandatory vaccinations — politicians are able to keep all the citizens onside. By putting off the decisions, we're not making any headway at all — and squandering valuable time.
Incidentally: If social harmony is what's at stake, there's more to be said in favor of a COVID vaccine mandate than against it. Although not everyone supports mandatory vaccinations, the majority of the population now does, as surveys have shown. This is probably one of the reasons why we're beginning to see politicians, among them State Premiers Markus Söder and Winfried Kretschmann, starting to change their minds. The incoming German government also announced a few days ago that it would at least consider making vaccinations mandatory.
Where there's no will, there's no way
This leaves the second argument decision-makers like to use against a general vaccination requirement: that it's incompatible with the Basic Law, Germany's constitution, and that courts could quash it. On the one hand, it's striking that concerns like these were apparently no such deterrent when other legislative projects were under consideration: the climate protection act, for example, which was rejected by the Federal Constitutional Court, or the toll on private motor vehicles, which was overturned by the European Court of Justice.
On the other hand, renowned constitutional lawyers like Ulrich Battis have recently indicated that they consider mandatory vaccinations very much in line with the constitution. Battis' colleague, Christoph Möllers, has said he is unsure which experts in his field politicians are relying on for their negative assessments.
So it makes sense, not only to me but also to these lawyers, that in an exceptional situation like the COVID-19 pandemic, the fundamental right to physical integrity can come second to the need to protect the lives of others.
And yes — because this is something else that people like to invoke — it's true that a vaccine mandate on its own will not end the pandemic, and that it would in any case come too late to help stem the current fourth wave of COVID-19. But how about looking ahead, for a change? Namely to the fifth wave that's still in store for us, if everything stays as it is. Together with measures such as social distancing, mask-wearing and so on, a significant increase in vaccination coverage could make an enormous difference. Among experts, this fact is undisputed.
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Vaccine mandate 'lite' is coming anyway
In any case, the outrage is exaggerated. With the new "2G rules" [under which only those who have either been vaccinated or have recently recovered from a COVID infection are allowed to access certain spaces and activities — Editor's note] and the likely introduction of mandatory vaccination for certain occupational groups, vaccine mandate "lite" has already got in through the back door. It's just that there are no actual penalties yet for those who don't get vaccinated. Wouldn't that be a strong inducement, one that could still be used? We don't have many others left.
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By contrast, the scenario of unwilling people being dragged into the vaccination center and forcibly vaccinated is utterly unrealistic. Public discussion of such notions of extreme compulsory vaccination simply fans people's fears, and is irresponsible.
Dilemma of its own making
Of course, I realize that no one wants to be the bad guy and incur the wrath of the vaccine skeptics. The situation is not made any easier by the fact that, for so long, the prospect of a general vaccine mandate has vociferously been denied by politicians. If it changes course now, the government will appear even less trustworthy to those already disenchanted with politics.
But continuing to categorically rule out mandatory vaccinations is even more problematic. In times like these, we don't need politicians who dodge responsibility, but those who dare to make a decision that won't make them universally popular.
This commentary has been translated from German
Germany caught up in fourth COVID wave
As the pandemic continues, infection rates are higher than ever, breakthrough infections are on the rise.
Image: Jan Woitas/dpa/picture alliance
ICUs are full
Hospitalization rates — the number of people admitted to hospital with COVID-19 — have reached the highest levels of last December. Intensive care units are filling up, patients have to be transported across the country to hospitals that still have capacity. Operations have to be cancelled, leaving cancer sufferers and other patients in the lurch.
Image: Jan Woitas/dpa/picture alliance
Longer stays
A COVID-19 patient with venous access lines and a tracheostomy sits in the intensive care unit of Dresden's municipal hospital. Using hospitalization rates as an incidence value is controversial: They show the incidence of infection, but only with a delay. Also, many COVID patients are younger than in previous waves. They spend longer in intensive care, meaning beds are not freed up as quickly.
Image: Robert Michael/dpa/picture alliance
Final warning
Undertakers have been overwhelmed, with coffins lined up here in front of a crematorium oven. On one of the lids, the word "Corona" has been written in chalk — a warning to the people who work there. The elderly and the unvaccinated are still most at risk of dying of the virus, but there are more and more breakthrough infections.
Image: Robert Michael/dpa/picture alliance
Fears for the elderly...
In recent weeks, there have been numerous outbreaks of COVID-19 in long-term care homes and retirement communities in which residents have died. This is one reason why the German government is considering mandatory vaccinations for health care workers. Italy, France and Greece have already made the move, and Austria will soon follow suit.
Image: Jens Kalaene/dpa/picture alliance
...and for the young
Self-testing in kindergartens and schools is now routine for children. No other population group is tested as regularly and extensively for COVID-19. Yet the incidence among 5 to 14-year-olds is up to three times higher than average. In an effort to stem a rise in cases, the European Medicines Agency approved the BioNTech-Pfizer vaccine on November 25.
Image: Christian Charisius/dpa/picture alliance
Virus along for the ride
Since last week, new rules have applied in trains, trams and buses, such as here in Hamburg: Only those who have been vaccinated, tested negative, or have recently recovered from infection can use them. Drivers and on-board personnel are supposed to enforce this rule, but can only really do spot checks. Mask-wearing is still mandatory; those who don't comply face fines of up to €150 (about $170).
Image: Eibner/imago images
Drive-through vaccination
Because the vaccination rate is faltering, the German government intends to focus once again on low-threshold vaccination incentives, like vaccination drive-ins and mobile vaccination teams. It also wants to push ahead as fast as possible with the third booster vaccination — to "winter-proof" Germany's population, as Olaf Scholz, the presumed chancellor-elect, has said.
Image: Fabian Sommer/dpa/picture alliance
Open wide...
Given the increasing number of breakthrough infections and the decline in vaccination protection after six months, it seems that this is sorely needed. The only other thing that will help is systematic testing. For just one month, from October 11 to November 11, people were required to pay for tests, but these are now free again — irrespective of vaccination status.
Image: Julian Stratenschulte/dpa/picture alliance
My home is my office
Anyone who doesn't absolutely have to commute to work should therefore stay at home. The original working-from-home requirement ended in Germany in June — but now it's back. With infection rates spiraling, reducing contacts has to take precedence. Wherever possible, workplaces have been relocated back to the home office — to the kitchen table, or the sofa.
Image: Imago/S. Midzor
Lebkuchen or lockdown?
Christmas markets are starting to open in German towns, although many, like this one in Freiburg, have strict access rules and have limited visitor numbers. However, the state of Bavaria has responded to the extremely high infection rates by clamping down. Municipalities with a seven-day incidence of more than 1,000 must go into lockdown, and their Christmas markets must also remain closed.
Image: Philipp von Ditfurth/dpa/picture alliance
Tragic number
A man in a cemetery in Bonn mourns his dead wife — one of the 100,000 people in Germany who have died of COVID-19. Over the past few weeks, the number of those dying of COVID and infected with the virus has risen daily. On October 1, it was 66. On November 18, the Robert Koch Institute recorded 201 such deaths.