health pass

The case concerned an application to certain the unlawfulness of the several provisions of the Austrian COVID-19 protection regulation (COVID-19-SchuMaV). According to those rules, people were prohibited from taking part in some aspects of social and cultural life, such as visiting a museum or a theatre, or going to a hairdresser, if they had not recovered or been vaccinated (the so-called 2G rule). 

The claimant alleged an infringement of the principle of legality because the 2G rule is not based on a legislative provision. The claimant also alleged an infringement of the principle of equal treatment and to her right to self-determination and to the right of private and family right.

The Constitutional Court rejected the claims, finding (i) no infringement to the right of private and family life – the precautionary measures were proportional; (ii) no infringement of the principle of legality; and (iii) no discrimination between the recovered/vaccinated and the non-recovered/non-vaccinated, as the different impact of the 2G rules is based on a factual situation because recovered/vaccinated people are not subject to a high risk to catch and suffer from COVID-19.

Full text of the decision available at vfgh.gv.at de