German Health Minister Calls for Legally Secure Triage Rules to Protect Disabled Individuals

Bundesgesundheitsministerin Warken has emphasized the urgent need for legally secure triage regulations in Germany to protect disabled individuals from discrimination during medical prioritization amid capacity shortages. Speaking in Berlin, Warken underscored that following a Federal Constitutional Court ruling, regulatory competence for triage lies with the federal states, not the federal government. This ruling led to the invalidation of a 2022 federal law designed to prevent discrimination against individuals with disabilities or advanced age in triage decisions that occurred during the COVID-19 pandemic.

Warken stated that it is essential to collaborate with the federal states to establish triage rules founded on solid legal grounds, reflecting the Court’s 2021 declaration that disabled individuals must be safeguarded against discrimination in emergency medical prioritization. Her comments come as Germany seeks to reconcile legal frameworks with ethical imperatives to ensure vulnerable populations receive equitable medical care in crisis situations.

This development highlights ongoing challenges in creating binding triage legislation that balances state authority with protections for disabled patients, aiming to provide clarity and security in healthcare crises moving forward.