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German Constitutional Court rules on coronavirus and triage


1) Frederik Schindler, “Darf Politik bei Triage mitbestimmen? Was aus dem Karlsruher Urteil folgt,” Die Welt, den 28. Dezember 2021 (17:41 Uhr).

2) Bundesverfassungsgericht, “zum Beschluss des Ersten Senats vom 16. Dezember 2021, Bundesverfassungsgericht, veröffenticht den 28. Dezember 2021

In a pathbreaking decision, the German Federal Constitutional Court has held that guidelines for the triage of covid cases do not protect those who are handicapped from prejudicial decisions. The Court order the legislature to promptly adopt a law that guarantees equal access to medical care. It explicitly rejected the criterior for triage of likelihood to survive.

This is one of the first, if not the first, decision by a Constitutional Court on the issue of triage of Covid medical resources under guidelines adopted by various private medical groups.

As a decision by one of the most highly-respected constitutional courts in the world, , it is likely to have a significant impact on court decisions in other countries as they begin to grapple with these issues.

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