Vaccine Mandates In Austria: What You Need To Know

Austria has become the first country in Europe to introduce a general compulsory COVID-19 vaccination law. The law, which was scheduled to take effect on February 1, 2022, applies to anyone living in Austria aged 14 and above. Those who refuse to comply with the law may be subject to a penalty of up to €3,600. The Austrian government's move to make vaccinations mandatory has sparked intense debate and strong opposition, with critics arguing that it violates national and international laws and conventions. The law was later suspended and a commission of experts was formed to re-evaluate the situation.

Exemptions to mandatory vaccination in Austria

Austria was the first country in Europe to introduce a general compulsory COVID-19 vaccination law. The law, which came into effect on February 5, 2022, applied to anyone living in Austria from the age of 14, with fines for non-compliance ranging from €600 to €3,600. However, the measure was controversial and faced strong opposition, with frequent street protests across the country.

The Austrian government's initial attempt to increase vaccine uptake actually had the opposite effect, with a surprising drop in vaccination rates observed after the mandate was imposed. The law was eventually scrapped in June 2022, with Health Minister Johannes Rauch acknowledging that the element of compulsion had deterred some people from getting vaccinated.

Under the mandate, limited exemptions were allowed for pregnant women and individuals with certain health issues. Those who had recovered from a COVID-19 infection within the previous 180 days were also temporarily exempt.

The Austrian government's response to anti-vax protests

On November 20, 2021, thousands of Austrians protested in Vienna against the government's decision to make COVID-19 vaccinations mandatory for everyone aged 14 and above. The protests were organised by the country's far-right Freedom Party (FPÖ), whose leader, Herbert Kickl, addressed the crowd via video link as he was in quarantine after contracting COVID-19. The protesters carried signs with slogans such as "Control the borders, not your people" and "Compulsory vaccination? No thanks".

The Austrian government's response to the anti-vax protests was to deploy a large number of police officers to the city centre, with the authorities anticipating a large turnout. The police made several arrests after fireworks were set off and beer cans were thrown at officers.

In response to the protests and the intense social debate in the country, the government announced on March 9, 2022, that the mandatory COVID-19 vaccination law would be suspended and would not come into force as planned in mid-March. Instead, a commission of experts would re-evaluate the situation in mid-June.

Despite the government's decision to suspend the law, tensions remained high at anti-vax protests. A journalist reporting on one such protest in Vienna was pushed and shouted at by a protester who accused him of harassing a woman and her children. The journalist, who was filming himself among the crowd, had to be separated from the protester by other protesters and his fixer.

The impact of mandatory vaccination on Austrian society

Austria was the first country in Europe to introduce a general compulsory COVID-19 vaccination law. The law applies to anyone living in Austria from the age of 14 or 18, depending on the source. The law was scheduled to take effect on February 1, 2022, with those who refuse to comply potentially facing a penalty of up to €3,600.

The announcement of the law sparked intense social debate in the country and waves of strong street protests in several cities, including Vienna, Linz, Graz, and Klagenfurt. The far-right Freedom Party vehemently opposed the law, with its leader, Herbert Kickl, calling it "unconstitutional" and declaring that Austria had become a "dictatorship."

The Austrian government's move to make vaccinations mandatory has been criticised for violating national, European, and international laws and covenants, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights. The law also sparked concerns about individual freedom and bodily autonomy, with some arguing that mandatory vaccination could be considered a violation of the right to private life and physical integrity.

However, supporters of the law argue that it is necessary to protect public health and reduce the burden on the healthcare system. The Austrian government has consulted constitutional lawyers who suggested that the move is legal and that it falls within exceptions outlined in the ECHR, which allow for interference with the right to private life if it is necessary to protect health or morals or for the protection of the rights and freedoms of others.

The financial cost of the mandatory vaccination policy is estimated to be €150 million until 2024. However, the potential benefits of a highly vaccinated population could outweigh this cost in the long run, especially if it helps to prevent future lockdowns and reduces the burden on the healthcare system.

The legality of mandatory vaccination in Austria

Austria was the first country in Europe to introduce a general compulsory COVID-19 vaccination law. The law, which was to apply to anyone living in Austria from the age of 14, was scheduled to take effect on February 1, 2022. However, it faced strong opposition and criticism, with some arguing that it violated national and international laws and covenants, including the European Convention on Human Rights (ECHR).

The Austrian Government's Position

The Austrian government's move to make COVID-19 vaccinations mandatory was based on the low vaccination rate in the country and the need to protect public health. Health Minister Wolfgang Muckstein stated that the government had consulted with constitutional lawyers who suggested the move was legal. The mandatory vaccination law was intended to increase the vaccination rate, reduce the circulation of the virus, and ease the burden on the health system.

Legal and Ethical Concerns

Opponents of the mandatory vaccination law in Austria raised several legal and ethical concerns:

• Violation of Individual Rights: The ECHR guarantees individuals the right to respect for private and family life, freedom of belief and conscience, and freedom of expression. Some argued that mandatory vaccination interferes with these rights and constitutes an unacceptable form of state interference.
• Informed Consent: The UNESCO's Universal Declaration on Bioethics and Human Rights emphasizes the importance of informed consent for any medical intervention. Mandatory vaccination, they argue, undermines this principle by removing the individual's right to choose.
• Discrimination: The Austrian government's 2G+ ordinance, which restricted the unvaccinated from accessing certain places, was seen as a form of discrimination against those who chose not to be vaccinated. This was perceived as a violation of Article 14 of the ECHR, which prohibits discrimination on any ground.
• Physical Integrity: The Charter of Fundamental Rights of the European Union guarantees the right to physical and mental integrity. Critics argued that compulsory vaccination with a gene-based vaccine known to cause serious side effects violates this right to physical integrity.

Outcome and Impact

The mandatory vaccination law in Austria faced strong opposition, with protests and criticism from various groups. The law was eventually suspended before it could come into force, and a commission of experts was formed to re-evaluate the situation. The suspension of the law highlights the complex ethical, legal, and social considerations surrounding mandatory vaccination policies.

International responses to Austria's mandatory vaccination law

Austria's decision to impose a mandatory COVID-19 vaccination law has sparked a range of responses from international media outlets, legal experts, and organisations.

International Media Responses

Several international media outlets have criticised the Austrian government's decision to impose a mandatory COVID-19 vaccination law. Strategic Culture, for example, argued that the law violates international law and the right to self-autonomy over one's body. They also highlighted the potential risks associated with the vaccine, including severe side effects and deaths. Similarly, SGT Report expressed concerns about the law, claiming that it violates human liberty and freedom. They also questioned the role of the mainstream media in Austria, accusing it of failing to inform citizens about the potential risks and implications of the law.

Legal and Human Rights Organisations' Responses

Legal and human rights organisations have also weighed in on the matter. The New Jurist, a legal publication, argued that the Austrian government's decision to make COVID-19 vaccinations mandatory violates national, European, and international laws and covenants. They specifically cited violations of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Charter of Fundamental Rights of the European Union. The publication also referenced the UNESCO Universal Declaration on Bioethics and Human Rights, which emphasises the importance of informed consent in medical interventions.

In contrast, the European Court of Human Rights (ECHR) has upheld the legality of mandatory vaccinations for children in a case involving a Czech man who challenged his country's vaccine requirement for young children. The court ruled that compulsory vaccines can be seen as "necessary in a democratic society" and that the societal benefits outweigh the intrusion into privacy. This decision has set a precedent for other European countries considering similar measures to control the COVID-19 pandemic.

Responses from Other Countries

Austria's decision has also sparked responses from other countries. Great Britain, for instance, has strongly criticised the law, and street protests have occurred in several Austrian cities, including Vienna, Linz, Graz, and Klagenfurt.

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