Die Verfassungsbeschwerden gegen den Pflegenotstand

Human rights violations in stationary care services are a commonly known problem. Its main reasons are not individual behavior, but systemic flaws such as insufficient financial support and understaffing. Political pressure has led to legislation addressing these problems. However, in 2014 seven plaintiffs – persons in prospective need of stationary care – filed constitutional complaints, arguing that the legislative measures have proven insufficient and that human rights infringements are still common in stationary care. Hence, the state had violated its duty of protection deriving from the Constitution. This strategic litigation lawsuit has added another element to the discourse. It argues that the law sets a minimum standard for stationary care and that the political debate can only take place above this line. The Federal Constitutional Court, however, has dismissed the complaint. This is where the book sets in, examining the proceedings from various interdisciplinary perspectives.