More than 1,200 Austrians are now suing against compulsory vaccination – because of violation of self-determination and physical integrity.
At the end of January 2022, compulsory vaccination for COVID-19 was decided, despite heavy criticism and thousands of negative statements. It should then apply on March 15th. As is well known, nothing came of it, because the Minister of Health partially overrode them with an ordinance by May 31, but for how long? – “People have been left in the dark for too long,” criticize the two lawyers Christian Ortner (Innsbruck) and Gottfried Forsthuber (Baden near Vienna).
1,000 Austrians are now suing against compulsory vaccination
They represent over 1,200 Austrians and EU citizens. On their behalf, they have applied to the Constitutional Court for reviews of the law (applications for review of norms). They are also challenging the compulsory vaccination law. From Thursday, the Constitutional Court will continue to process applications against the lockdown for unvaccinated people and will also process the first applications against compulsory vaccination. Ortner’s and Forsthuber’s motions on behalf of 1,200 Austrians will come later. Around a third of the clients of the two lawyers work in the health sector and are increasingly exposed to the pressure to vaccinate. In their everyday medical work, they constantly observe the side effects of vaccinations and their lack of effectiveness.
Law interferes with fundamental rights
Attorney Forsthuber will also challenge the law on the electronic vaccination card (“Health Telematics Act”): “The vaccination requirement has degenerated into a political decision,” he says. “It has nothing to do with protecting public health.” Attorney Ortner affirms: “It is intolerable that a law that interferes with fundamental rights in this way is kept on record, so to speak, with the possibility of ‘sharpening’ it at any time. Because the safety and effectiveness of this therapy has not been sufficiently tested. In view of of the increasingly harmless Covid mutations such as omicron, the decision to vaccinate should be left up to everyone. The VfGH should also deal with this!”
Law contradicts data protection
It is argued, inter alia, that the present law violates human dignity and physical integrity, as well as the prohibition on being subjected to inhuman and degrading treatment. It also contradicts the fundamental right to data protection and the principle of equality by treating people residing in Austria differently than holidaymakers, for example.
Dragnet in administrative criminal law
“Penalties are to be expected from June 1st, the extensive storage of health data is already underway,” says Ortner. “The compulsory vaccination law raises fundamental legal questions that we need to clarify. A new type of offense was created: the dragnet search in administrative criminal law. All of them disproportionate measures that violate fundamental rights,” said the two lawyers.