The Bundestag urgently needs legislation on the so-called triage of coronavirus patients to protect people with disabilities, the Constitutional Court ruled, upholding the constitutional complaints of many people with disabilities.
Karlsruhe Council who saidThat the legislature would have the obligation to act because of the danger to life posed by the virus, but that obligation was violated by the legislature by not taking the necessary precautions. This decision means that people with disabilities cannot be referred to so-called screening decisions.
Triage refers to situations in which patients have less space or equipment than they need. Thus, doctors have to decide who will be rescued, and which patients will be given a ventilator or an intensive care unit, for example. According to the recommendation of the German Medical Organization (Divi), which is authoritative in this field, the probability of successful recovery was the decisive criterion.
However, nine people with disabilities and other pre-existing diseases have filed a constitutional complaint against it, demanding the legislation. They were afraid that the doctors would leave them alone because their chances of survival were statistically worse.
The German Constitutional Court has now ruled in his favour: because of his disability, no one can be deprived of allocating resources for intensive medical treatment necessary for survival and not available to everyone.
The panel said Davey’s recommendations are non-binding “and are not synonymous with medical standards of professional law” and drew attention to the potential risks posed by the recommendations. The German Constitutional Court ruled that it must be ensured that “decisions are made solely on the basis of the current and short-term probability of survival”.
By the way, epidemiological restrictions to slow the spread of the omicron variant took effect in all provinces of Germany on Tuesday, MTI wrote. Under the most important new rule, up to ten people can attend a family event or other special event if they have been vaccinated or certified as infected.
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