The Federal constitutional court: danger for the population has priority
Even mentally ill people have to accept until further notice in the Wake of the Corona-pandemic – imported contact in-and output restrictions, despite the threat of social Isolation. Even if you don’t visit, without restriction, to self-help groups or therapies may part perform only by video consultation, justified the restrictions because of the risk of the spread of the Corona Virus, once decided by the Federal constitutional court in Karlsruhe in the 22. May 2020 published decision (Az.: 1 BvQ 42/20).
Depressive filed a restraining order
The from Hesse root end to depression sufferers applicant is wanted by the interim arrangement for up to six months, with the Hessian Corona-regulation associated output and contact restrictions override. These were the minimization of contact to people outside the own household, a General distance bid to other persons, as well as the closure of leisure, cultural and sports facilities, and prohibit physical gatherings, such as faith communities. As well as consulting in the psycho-social field should take place without “direct physical contact”.
The applicant argued that the measures would have aggravated his long-standing severe Depression. Without physical contact, he’ll be pushed into a social Isolation. So he could no longer participate in Meetings of self-help groups. His therapy will be in part carried out only via video consultation.
The constitutional court decided in its decision of 1. May 2020, a still from the applicant for loading a constitutional complaint according to the current state would not be manifestly inadmissible or unfounded. Nevertheless, not justified in making the necessary assessment, the repeal of the Corona-pandemic measures.
Although the applicant was affected because of his mental illness measures particularly hard – for example, because he could not see, without restriction, to self-help groups. Therapeutic or medical help he could receive but still. Personal consultations are in compliance with the Hygiene recommendations.
The measures set too high a risk
The measures for the control of the Corona would be stopped, however, pandemic once, could it come up with “a sufficient degree of probability to a renewed, where appropriate, the exponential increase in the spread figures for the Corona-Virus”. Thus, not only an Overload of the health system would threaten a very large number of deaths could occur. The consequences for the population therefore has to be assessed higher than the interest of the applicant. fle/mwo