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COVID-19 RULES

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

A street in the Austrian capital of Vienna during lockdown.
A couple walk past closed boutique stores on the Graben, a street in the city centre of Vienna that is normally packed with crowds of people during one of Austria's lockdowns. (Photo by JOE KLAMAR / AFP)

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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COVID-19 VACCINES

Austria recommends 4th Covid vaccine dose for everyone over 12

Austria's autumn Covid-19 plan includes a fourth Covid-19 dose to all those older than 12 and the Health Ministry doesn't rule out further measures, especially a return of the mask mandate.

Austria recommends 4th Covid vaccine dose for everyone over 12

Austria’s Health Ministry and the country’s National Immunisation Panel (NIG) have recommended a fourth dose of the Covid-19 vaccine to the general population ahead of autumn.

Health Minister Johannes Rauch (Greens) and physician Herwig Kollaritsch of the Immunisation Panel have requested people take the vaccination before the cold months, reiterating that the Covid-19 vaccine is safe and protects against more severe courses of the disease.

“You can do a lot before autumn. Don’t wait until the numbers rise. Get vaccinated, take the booster shots”, Kollaritsch said in a press conference this Wednesday, August 31st.

READ ALSO: LATEST: The Covid rules across Austria from August 2022

The previous recommendation was only for people older than 60 or those in risk groups. “After there was already the booster recommendation for the vulnerable and over 60-year-olds over the summer, all other groups are to get a booster in the coming weeks,” the health minister said.

Only 58.9 percent of the population is currently sufficiently vaccinated, as per the recommendation of the National Immunisation Panel (NIG) – which for the majority of the population is three doses – or if they’ve had Covid then two doses and a recent recovered status.

New measures ahead of autumn

The health minister stopped short of announcing new Covid-19 measures for autumn.

When he announced the end of the mask mandate in the country back in May, Rauch had said the suspension would be “temporary” and masks were likely to return after summer, depending on the pandemic, particularly on hospitalisation numbers.

Currently, masks are obligatory in the health sector and on public transport in Vienna.

“We evaluate the situation weekly by talking with the hospital heads in the states. We have a very good view of the Covid-19 data, and we don’t rule out bringing measures back in the future”, he said.

READ ALSO: Vienna extends stricter Covid-19 rules until late October

He added: “It is likely that in the autumn, compulsory masks will again be useful and necessary in certain areas such as public transport or supermarkets,”.

For now, though, the minister said he recommends people to get vaccinated, wear masks where social distancing is not possible, and get tested regularly – even if those measures are not mandatory.

When should you get vaccinated?

The fourth vaccination should come a minimum of four months after the third one (or after a Covid-19 infection) but not after six months of the third dose (regardless of whether or not the person has had an infection after the last vaccine), according to the NIG.

READ ALSO: Reader question: Which Austrian states will allow Covid-infected teachers in classrooms?

For children between five and eleven years of age, the basic immunisation – which consists of three vaccinations – should be completed by the start of school at the latest; no booster vaccination is currently recommended in this age group.

Austria expects vaccines adapted to the omicron variant to arrive in the country before the end of September, the health minister said.

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