Verfassungsrechtliche Rekonstruktion der Triage

The dissertation analyzes the allocation of scarce medical resources from a constitutional perspective and evaluates the current legal situation in Germany. In addition to a constitutional-theoretical and dogmatic derivation of triage, the focus lies on the examination of permissible allocation criteria. To this end, the analysis draws on the principle of human dignity (Menschenwürde) of the Basic Law (Grundgesetz) and proposes a differentiation within Article 1 of the Basic Law. The controversial debate in criminal law on allocation issues is also examined. Finally, the dissertation takes a critical look at the first triage decision of the Federal Constitutional Court (BVerfG) and the subsequent statutory provision in Section 5c IfSG.