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Berlin (dpa / bb) - According to the decisions of the administrative court in the capital, two Berlin cancer patients are not entitled to an early vaccination against the corona virus.
The court announced on Monday that their urgent requests were rejected.
Appeals against the resolutions can still be lodged with the Higher Administrative Court of Berlin-Brandenburg.
The sick who are not hospitalized for lung or bone cancer see themselves as particularly at risk, according to the report.
Both wanted the Senate Department of Health to oblige that they be vaccinated immediately.
Such a claim could not be derived from the vaccination ordinance, so the court.
The sick were not among the people with the highest vaccination priority.
A decision on a case-by-case basis cannot be claimed either.
This is not provided for in the regulation.
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The applicants had also complained that the vaccination ordinance was unconstitutional because Parliament should have regulated the sequence of vaccinations itself.
This should not have been left to the executive.
It is against the principle of equal treatment to base the vaccination sequence primarily on age and not to take sufficient account of illnesses.
The court decided, however, that the basic right to life and physical integrity could not be used to derive an immediate right to vaccination.
The executive branch has a wide range of options for its constitutional duty to protect life and health.
This enables particularly vulnerable groups to be vaccinated first.
This mainly included people over the age of 80 or in care facilities.
Regarding the question of whether Parliament should have regulated the vaccination sequence itself, it was said: Even if it were so, no immediate vaccination entitlement could be derived in view of the scarce vaccination doses.
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© dpa-infocom, dpa: 210201-99-253289 / 2
Press release