Vaccination In Austria: Mandatory Or Not?

In February 2022, Austria became the first country in Europe to introduce a general compulsory COVID-19 vaccination law. The law applied to anyone living in Austria aged 14 and above, with exceptions for pregnant women and individuals with certain health issues. The Austrian government's move to make vaccinations mandatory was met with strong criticism and street protests, as well as concerns about violations of national and international laws and covenants, including the European Convention on Human Rights (ECHR). The law included fines of up to €3,600 for those who did not comply. However, just a month after the legislation took effect, Austria suspended the mandatory vaccination law, citing a reduced danger posed by the Omicron variant and a less severe impact on hospitals.

Austria's mandatory vaccination law

The decision to implement mandatory vaccination was made by Austrian Chancellor Alexander Schallenberg in response to a record-breaking surge in COVID-19 infections that overwhelmed hospitals. The country had a relatively low vaccination rate compared to other European countries, with only 65.5% of its 9 million people fully vaccinated at the time.

The announcement of the mandatory vaccination law was met with strong opposition and protests in several Austrian cities. Critics argued that it violated national and international laws, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights. They claimed that mandatory vaccination interfered with the right to private life and physical integrity protected by these conventions.

However, supporters of the law, including public health experts, argued that it was a necessary measure to protect public health and reduce the burden on the healthcare system. They pointed out that the low vaccination rate in Austria left the country vulnerable to the highly infectious Delta variant and the dangers of overloading the health system.

Despite the controversy, the Austrian government initially planned to enforce the mandatory vaccination law until January 31, 2024. However, just a month after the law took effect, it was suspended due to the changing nature of the pandemic and the reduced severity of the Omicron variant. The suspension also came amid increasing calls to review the law as Austria dropped most of its coronavirus restrictions.

Who is exempt from vaccination?

In February 2022, Austria became the first country in the European Union to legally mandate that all adults get vaccinated against COVID-19. However, there are a few exemptions to this rule.

The vaccine mandate only applies to people aged over 18. While vaccines are offered to children from the age of five, they are not required by law to get vaccinated.

Pregnant women are also exempt from the vaccine mandate for the duration of their pregnancy.

People who have recently recovered from COVID-19 are exempt from the requirement to be vaccinated for 180 days after their positive test. They will need to have a medical certificate confirming their recovered status.

People with proof of a medical exemption from vaccination are also exempt. The Ministry of Health has not yet published final details on which illnesses or conditions are sufficient for a medical exemption or how these should be proven. It is expected to be a short list, including, for example, people who have recently undergone an organ transplant and those with certain autoimmune diseases.

The Austrian government's move to make vaccinations mandatory has resulted in waves of strong street protests in several cities, as well as strong criticism from Great Britain.

The law's impact on human rights

In November 2021, Austria became the first Western democracy to introduce a general compulsory COVID-19 vaccination law. The law was scheduled to take effect on 1 February 2022 and would apply to anyone living in Austria from the age of 14. Those who refused to comply with the law could be fined up to €3,600.

The Austrian government's move to make COVID-19 vaccinations mandatory has been criticised for violating national, European, and international laws and covenants. The law has been described as an "encroachment of fundamental rights". Specifically, the law has been said to violate:

• The European Convention on Human Rights (ECHR): Compulsory vaccinations can be considered a violation of the right to private life under Article 8 (1) of the ECHR. Additionally, the government's plan to impose mandatory vaccinations and its 2G+ ordinance, which restricts the unvaccinated from accessing certain stores, can be seen as a form of discrimination, violating Article 14 of the ECHR.
• The International Covenant on Civil and Political Rights: Compulsory vaccinations against the Coronavirus can be seen as a violation of this treaty, particularly Article 7, which states that no one shall be subjected to cruel, inhuman, or degrading treatment or punishment, and that no one shall be subjected without their free consent to medical or scientific experimentation.
• The Charter of Fundamental Rights of the European Union: The introduction of compulsory vaccinations contradicts the right to physical and mental integrity outlined in Article 3.1 of this Charter.
• Austrian Criminal Law: The sanctions imposed on those who refuse to comply with mandatory vaccinations could constitute a violation of Austrian criminal law, specifically §275 StGB (1) of the Landzwang, which deals with threats to public safety and peace.
• The UNESCO Universal Declaration on Bioethics and Human Rights: While not legally binding, this declaration emphasises the importance of respecting human dignity and states that human rights and fundamental freedoms should be fully respected. The Austrian government's actions can be seen as contradicting these principles.

It is important to note that there are differing opinions on the interpretation of these laws and their applicability to mandatory vaccinations. The Austrian government may have considered the protection of public health and the need to control the spread of the virus as justifiable reasons for implementing mandatory vaccinations. However, the law was suspended just a month after it took effect, as the minister stated that the encroachment of fundamental rights was no longer justifiable by the danger posed by the virus.

The law's impact on Austrian criminal law

The laws' impact on Austrian criminal law

Austria's mandatory COVID-19 vaccination law has had a significant impact on the country's legal landscape, particularly in the realm of criminal law. The law, which took effect in February 2022, made Austria the first European country to impose compulsory coronavirus vaccination.

The law applied to anyone living in Austria from the age of 14, with limited exceptions for pregnant women and individuals with certain health issues. Those who refused to comply faced fines of up to €3,600. The law's implementation sparked widespread protests and criticism, with many arguing that it violated national and international laws and covenants, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights.

The Austrian Criminal Law section §275 StGB (1) of the Landzwang states that anyone who threatens a large group of people's lives, health, bodily integrity, freedom, or property and causes fear and disturbance can be punished with imprisonment for up to three years. The mandatory vaccination law, coupled with sanctions for non-compliance, could be seen as a potential violation of this statute. The Landzwang laws date back to 1475 and deal with threats to public safety and the serious disturbance of public peace.

The law's impact on criminal law extends beyond the specific statute. Police began checking the vaccination status of people on the street and during traffic stops, and those who refused to comply were penalised. This enforcement strategy underscored the gravity of the pandemic and exposed the vulnerability of Austria's ruling People's Party. The shift towards police enforcement and criminalisation of vaccine holdouts was a divisive move that sparked protests and legal challenges.

Additionally, the law's implementation raised concerns about individual freedoms and human rights. Some lawyers argued that the mandate could violate fundamental rights, including the right to respect for private and family life under Article 8 of the ECHR. The Austrian government's move to make vaccinations mandatory and its 2G+ ordinance, which restricted unvaccinated individuals' access to certain stores, was seen as a form of discrimination and a violation of Article 14 of the ECHR.

The mandatory vaccination law in Austria had a significant impact on the country's criminal law framework. It sparked debates about individual freedoms, human rights, and the role of the state in public health emergencies. While the law was intended to increase vaccination rates and curb the spread of COVID-19, it also led to widespread protests and legal challenges, highlighting the complex nature of implementing such measures.

Public opinion on mandatory vaccination

A Twitter poll conducted by the Digital Health and Patient Safety Platform in Vienna, Austria, revealed contrasting views on the topic. Almost half of the 2545 respondents (49%) favoured mandatory vaccination, at least in certain areas, while 45.7% rejected it outright. Over one-quarter (26.3%) of participating Twitter users said they would never get vaccinated.

The decision to make COVID-19 vaccination mandatory in Austria was influenced by a record-breaking surge in infections that overwhelmed hospitals with critical patients. The country had a relatively low COVID-19 vaccination rate of 65.5% at the time, reflecting a more widespread skepticism in German-speaking countries.

However, mandatory vaccination was met with strong criticism and concerns that it violated national and international laws and covenants, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The Austrian government's move was also seen as discriminating against those who refused to take the vaccine.

As a result of the pushback and changing circumstances, Austria suspended the mandatory COVID-19 vaccination law just a month after it took effect. The highly contagious Omicron variant, which was believed to be less severe, and the country's ability to cope with a surge in cases contributed to this decision.

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