Kids and vaccination. This is a really well-known problem that all kindergarten, nursery school or day care center have to deal with nowadays. The number of people against vaccination is increasing more and more – even more now, while we are also dealing with the corona pandemic.
The Case:
A day nursery refused to admit a three-year-old child to their nursery classes 2020 because the child did not have the necessary measles vaccination. The parents of the little kid applied to the Administrative Court of Oldenburg for a temporary injunction wanting to have their child accepted at the day nursery without measles vaccination.
The Tribunal Decision:
Both the Lüneburg Higher Administrative Court and the Administrative Court confirmed what declared: the child is not going to have access to the day care centre without the proof of adequate protection against measles vaccination, immunity against measles or a medical contraindication against the measles vaccination required under Section 20 (8) and (9) of the German Infection Protection Act.
The court expressed the concern that the child’s interest in being cared for in a day care centre was behind the protection of the health of the other children and the protection against a further spread of the dangerous measles disease. Health protection is clearly more important as we think.
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