«No one can be forced to be vaccinated against coronavirus»

Dear Mrs Sprecher, is there already a vaccination obligation for the corona vaccination in Switzerland?

No. There is currently neither a recommendation nor a mandatory coronavirus vaccination programme. Discussions are being held and we can certainly expect statements from expert committees and politicians in the coming weeks. Only when a vaccination is actually authorised and available in Switzerland will it be possible to decide on recommendations and a compulsory vaccination.

What could a compulsory coronavirus vaccination programme look like?

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Compulsory vaccination, mandatory vaccination, compulsory vaccination - what are the differences?

A duty or an obligation is legally the same thing. There is no such thing as compulsory vaccination, where you physically force someone to have a jab or indirectly force them by imposing a fine. Important: Switzerland is extremely cautious when it comes to vaccination. The freedom of the individual is highly valued. This is why the compulsory vaccination requirement under the Epidemics Act, which cannot be directly sanctioned, is a special case. The obligation to wear a seatbelt in a car, for example, can be penalised. However, this is ruled out in Switzerland when it comes to immunisation, as a fine would be tantamount to indirect coercion.

Is there a way to enforce this compulsory vaccination?

It has to be said quite clearly: nobody can be forced to have an injection. However, there is the possibility that the authorities can order other mandatory measures and these can be enforced. For example, you can be isolated or medically monitored or temporarily prohibited from carrying out certain activities. In addition, someone can be transferred under labour law. Specifically, if a doctor on the Covid ward does not want to be vaccinated, she can be transferred to another area. Or have her work in full protective clothing. Dismissal will only occur in the most extreme case. All other options must be ruled out beforehand. Switzerland considers vaccinations to be a serious intrusion into physical and psychological integrity and therefore places high demands on how vaccination requirements are handled.

How is this handled in other countries?

As far as I know, Switzerland is really very cautious here and is pursuing a special strategy, as the current measures in dealing with the pandemic show. Our neighbouring countries are much stricter in this respect. In Germany, for example, vaccination against measles has been compulsory since this spring for all children over the age of one who attend a daycare centre, school, other community facilities or daycare.

Is it conceivable in Switzerland that children will have to be vaccinated against coronavirus in order to attend nursery or school?

No, absolutely not. As I said at the beginning, I can't imagine that a compulsory coronavirus vaccination for children will be introduced at all. And even if it were to become compulsory for children, there would still be many other measures in place first, such as wearing a mask, social distancing and so on.

What about public schools or private daycare centres?

The situation is different here: private providers can choose their customers and set the terms of the contract. A public school or a private daycare centre can therefore very well demand vaccination. State schools are bound by fundamental rights and must accept every child. Compulsory vaccinations for children at state schools are subject to the strict requirements of the Epidemics Act and are therefore only possible for a limited period of time and with limited staff.

Does this also apply to hotels, cinemas and theme parks?

Yes, these are also private actors and have the legal option of prescribing the vaccination of children and/or adults or making it a condition of a visit or stay. Economically, the question arises as to whether such a regulation makes sense. It is quite possible that the public will stay away and you don't want to risk it.

Quantas is the first airline to announce that it will only carry passengers with a coronavirus vaccination in future. Is such a procedure also conceivable for the airline Swiss?

In principle, yes. Swiss is a private company, so it can decide for itself who it wants to transport or not. However, Swiss has already indicated that it would rather rely on rapid tests and not make vaccination compulsory.

Last question: Can a 14-year-old be vaccinated if his parents are against it?

This is possible in principle. Medical interventions are based on the assumption of capacity. If the young person is deemed to have capacity with regard to the vaccination, they can be vaccinated without their parents' consent. However, the capacity of judgement is not clearly regulated and is decided on a case-by-case basis depending on the medical measure. The situation is similar with the pill: girls can be prescribed the pill without their parents' consent if they are deemed to have the capacity to make this decision. The only question then is who covers the costs.

Current status of corona vaccination FOPH
According to the Federal Office of Public Health FOPH, the Federal Council is in talks with three vaccine manufacturers. The first vaccinations are to be carried out in the first half of 2021 and will be free of charge for the population. Currently, vaccination is to be voluntary and there are no plans to make it compulsory. Source: www.bag.ch

All relevant topics relating to the coronavirus for families:

• «In Apulia, we are concerned about medical care»
  How are families abroad doing during the coronavirus pandemic? What do they want and how will they spend Christmas? We went on a search and asked some families in other countries. Here, Katja Brinkmann reports on the situation in Italy.

• «Corona vaccination for children: in one year at the earliest»
  What are the latest findings on the role of children in the current coronavirus crisis? And: Can a school require a corona test? Prof Dr Christoph Aebi provides important answers.

• How much coronavirus can parents put their children through?
  The second wave of coronavirus is here and every day we are confronted with news of new infections and new guidelines. How much should parents expect their children to be exposed to? And how do you react when the virus is really close; affecting friends, relatives or the child itself?