Austrian court rules certain bans for unvaccinated were 'unconstitutional'
Austria's constitutional court found that banning unvaccinated people from going to hairdressers or cultural institutions was unconstitutional
The Constitutional Court (VfGH) has found a regulation which stopped people from going to hairdressers in the second lockdown for the unvaccinated was unconstitutional and, therefore, illegal.
However, the Court of Justice did confirm it was admissible to distinguish between people with and without 2G evidence (proof they had recovered from or been vaccinated against Covid-19), meaning the lockdown for the unvaccinated was itself legal.
READ ALSO: Four options: These are Austria’s autumn Covid lockdown plans
As there were exceptions to the lockdown, allowing people without vaccinations to leave their homes to “cover the necessary basic needs of daily life”, this should have included trips to the hairdressers as part of these “basic needs” on a long term, the court ruled.
It clarified that the rules were at first supposed to last for 10 days, but as the lockdown got extended several times, lasting a total of 11 weeks, the "basic needs" evolved and should have included hairdresser visits.
According to the Constitutional Court, it was also illegal for the government to ban unvaccinated people from entering cultural institutions in autumn 2021.
In this case, the reason was that people were still allowed to go to church and other places of religion, which the court found was “in violation of equality”.
READ ALSO: LATEST: The Covid rules across Austria from August 2022
The court found the ban on entering sports facilities ordered by the Minister of Health during the first lockdown in March and April 2020 was also unlawful, as there was not sufficient justification, broadcaster ORF reported.
Strict Covid-19 measures
Austria was one of the countries which imposed several lockdown periods during the pandemic, as The Local reported. While some were aimed at the entire population, more recently, only those who didn't get vaccinated against Covid-19 were prevented from going out of their homes without a justification (such as grocery shopping or emergencies).
The country had also imposed a Covid-19 vaccination mandate, but that was scrapped after new variants of the virus evolved into less severe cases of the disease, the government said.
Currently, there are few coronavirus restrictions in place. You can check out all the measures across Austria here.
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The Constitutional Court (VfGH) has found a regulation which stopped people from going to hairdressers in the second lockdown for the unvaccinated was unconstitutional and, therefore, illegal.
However, the Court of Justice did confirm it was admissible to distinguish between people with and without 2G evidence (proof they had recovered from or been vaccinated against Covid-19), meaning the lockdown for the unvaccinated was itself legal.
READ ALSO: Four options: These are Austria’s autumn Covid lockdown plans
As there were exceptions to the lockdown, allowing people without vaccinations to leave their homes to “cover the necessary basic needs of daily life”, this should have included trips to the hairdressers as part of these “basic needs” on a long term, the court ruled.
It clarified that the rules were at first supposed to last for 10 days, but as the lockdown got extended several times, lasting a total of 11 weeks, the "basic needs" evolved and should have included hairdresser visits.
According to the Constitutional Court, it was also illegal for the government to ban unvaccinated people from entering cultural institutions in autumn 2021.
In this case, the reason was that people were still allowed to go to church and other places of religion, which the court found was “in violation of equality”.
READ ALSO: LATEST: The Covid rules across Austria from August 2022
The court found the ban on entering sports facilities ordered by the Minister of Health during the first lockdown in March and April 2020 was also unlawful, as there was not sufficient justification, broadcaster ORF reported.
Strict Covid-19 measures
Austria was one of the countries which imposed several lockdown periods during the pandemic, as The Local reported. While some were aimed at the entire population, more recently, only those who didn't get vaccinated against Covid-19 were prevented from going out of their homes without a justification (such as grocery shopping or emergencies).
The country had also imposed a Covid-19 vaccination mandate, but that was scrapped after new variants of the virus evolved into less severe cases of the disease, the government said.
Currently, there are few coronavirus restrictions in place. You can check out all the measures across Austria here.
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