Queridos amigos, na mesma linha do que publiquei abaixo
sobre o quanto a crise do Corona leva a uma drástica interferência nos direitos
fundamentais. Recebi de amigos na Alemanha e Austrália.
Em Português, link abaixo, Estibordo, uma matéria semelhante.
From
Christoph Hueck via Chris Bodame
Dear
friends and colleagues,
the Corona
crisis leads to drastic state interference in fundamental rights. It's time to
get clear about it and fight back against it. Here is a press release from the
attorney Beate Bahner, who will sue against the restrictions on fundamental
rights and will go to the Federal Constitutional Court if necessary.
Greetings
from Tübingen!
The press
release can also be found on the homepage under press / press releases.
updated
press release of the BAHNER law firm of 3. April 2020
Beate
Bahner, a specialist lawyer for medical law from Heidelberg, announces a
standard control action against the Corona regulation Baden-Württemberg: The
actions of the federal and state government are blatantly unconstitutional and
violate a large number of fundamental rights of citizens in Germany to an
unprecedented extent. This applies to all Corona regulations of the 16 federal
states. In particular, these measures are not justified by the infection
protection law, which was only revised in winding ropes a few days ago. Weekly
restriction and contact bans based on the darkest model scenarios (without
considering factual-critical expert opinions) and the complete closure of
companies and business without any evidence of any evidence of infection by
these stores and companies are roughly unconstitutional. Because the figures
and statistics available show that the corona infection is harmless (or has
probably even already gone) in more than 95 % of the population and therefore
does not pose a serious threat to the general public. On the other hand, the
risk groups of the elderly and people with pre-diseases (about 4,5 % of the
population) are to be taken urgently taken into consideration: these people
must be protected by appropriate measures both the government and the risk
groups themselves: e.g. by locks from the retirement homes, by clarifying the
transmission routes (only by droplet infection), through hygiene measures and
distance regulations and in particular through self-responsible protection
measures of these vulnerable people even during the weeks of the epidemic. The
medical staff in clinics, doctor's offices, retirement homes and nursing
services must be provided with all necessary materials, which the federal
government has not succeeded until today! Beate Bahner explains that she will
go to the Federal Constitutional Court: because the radical measures taken by
the government on the starting and contact bans for 83 million people and the
paralysis of almost the entire economy over many weeks are neither due to the
development of the numbers nor by studies, still justified by previous
experiences. The really necessary measures, on the other hand, are still not
implemented, as the diverse complaints from clinics, retirement homes and
doctor's offices show. It also takes more tests on those people who have a lot
of contact with the risk group: these are the nurses and the family members
including the children who want to visit their old family. Urgent testing is
the supermarkets staff who have contact with hundreds of people every day. It
also takes samples among the population to determine the actual (probably by
many times higher) number of infections and therefore the actual (probably a
much lower) percentage of the most serious and most severe corona virus
diseases. The proportion of Covid19's deadly course was determined by experts
with only 0,1 % (this is a person of 1000 infected and therefore comparable to
a severe flu epidemic). It urgently needs the autopsy of the people who died on
/ with Corona to determine what these mostly old people with mostly many diseases
actually died. It also needs a fair representation of the death numbers,
because about 2500 people die every day, of which about 900 people in nursing
homes every day. In Germany, 900.000 people die every year! It therefore
finally needs a proper scientific approach and proper information for the
people! In particular, the Federal Minister of Health Spahn must finally take
measures - so far failed - to which his ministry has been committed to date in
the recast version of the infection protection law: the immediate provision of
necessary medical devices, laboratory diagnostics, aids and the supply of
personal protection orientation and products for disinfection! The shutdown,
which the infection protection law explicitly does not explicitly justify for 70
years, violates the constitutional principle of proportionality and the
constitutional obligation of the state to protect citizen s' rights and health.
This act of government destroys all the principles of our Constitution and the
rule of law, which we celebrated so proudly a few months ago with the 70th
anniversary of the Basic Law. Beate Bahner: " I am really horrified and I
don't want to have to blame myself of not acting as a lawyer and not defending
the rule of law by all means available to me! Because the consequences of the
shutdown on society, the economy, democracy and especially on people's health
will be devastating! " The lawyer demands: This shutdown must be
terminated immediately!
To the
person: Beate Bahner has been admitted as a lawyer for 25 years and owner of
the BAHNER law firm in Heidelberg. She was successful three times before the
Federal Constitutional Court with her constitutional complaints for violation
of professional freedom. Beate Bahner is the author of five medical law textbooks
and numerous essays and contributions. Her last book covers the topic "law
to combat corruption in healthcare".
Em Português
