SPut an end to the pandemic emergency. According to the will of the majority of members of the Bundestag, it should be so far at the end of November. Although the incidence values are skyrocketing. The sport is feeling this: The number of games that had to be postponed in the German ice hockey league due to infected players continued to rise this week. And the discussion about the unwillingness to vaccinate national team captain Joshua Kimmich is smoldering.
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Because the will of the representatives of the people to reduce the legislative interventions that were made possible with the determination of the pandemic emergency of national scope is based above all on one argument: the vaccination against Covid-19. she is the one condition not. It doesn’t work without a vaccination. The question arises as to whether it would not make sense to make vaccination a prerequisite for gaming.
Elsewhere the time has come: In New York, basketball superstar Kyrie Irving has to watch because the law requires vaccination. In January in Melbourne at the Australian Open, only vaccinated tennis players should be allowed to serve. That is why the question of whether a league association such as the German Football League can and should make vaccination a prerequisite for participating in games is highly relevant in this country. The DFL made it clear this week that it is not ready for it, it does not see itself entitled to do so.
But there are noteworthy opposing opinions. The renowned sports lawyer Rainer Cherkeh sees the league associations as an obligation, if only out of concern for the athletes. He considers the implementation of a compulsory vaccination to be permissible and necessary. His argument: the association’s autonomy guaranteed in the Basic Law, otherwise often the favorite of associations when it comes to protecting privileges.
With regard to the compulsory vaccination, this may raise the question of whether choral or fishing clubs could then force their members to vaccinate. But broken down to the idea of a choir lesson in which only vaccinated members are allowed to sing, the answer to the open legal question of whether this can be permissible appears to be: yes, why not?
Checking access authorization in front of the stadium is already part of everyday life.
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Image: dpa
Nevertheless, it is unlikely that the DFL and other German leagues will force their athletes to vaccinate. There are reasons for this, especially the consideration for the freedom of the individual. But it has a mirror image: of refusers among the professionals who could be vaccinated but don’t do it, this reflects their ruthless selfishness, while elementary school children sit unvaccinated every morning in the fourth wave of everyday school life.
With the end of the pandemic emergency, personal responsibility does not decrease – it increases. Considerable. Anyone who, for example as a citizen, for example as a league association, still does not do everything to bring the vaccination rate close to 100 percent, is breaking a consensus that holds society together.
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