Tribunal Decision of the Week
As a matter of fact, masks have slowly but drastically become an ornament to our everyday life, just like shoes and clothes. Most countries of the world are changing rules in order to fight the corona global pandemic from spreading and infecting more people on a daily basis.
The World Health Organization and most Centres for Disease Control and Prevention recommend including face masks at public events and everywhere, where it is difficult to keep the required social distancing.
Masks come in a broad variety of styles and sizes and everybody own at least one.
However, not everybody is ready to use one, when needed.
This was the case of a couple of German students that definitely weren´t that happy to wear a mask in public!
The Case (Higher Administrative Court North Rhine-Westphalia AZ: 13 B 1368/20):
The two students wanted to be permanently exempted from the compulsory masks to be worn in the school building. For this reason, they submitted medical certificates to the school management. The certificates stated that from a health point of view, wearing an everyday mask all day is not to be recommended. Concentration, attention and the process of learning of the applicants would suffer.
The school management however, decided not to accept the certificates and refuses to exempt them from the mask obligation. The parents decided to bring the case before a judge in court.
The urgent application was rejected by the Higher Administrative Court of North Rhine-Westphalia. The justification for refusal was that the submitted medical certificates did not meet the minimum requirements, since the general impairments listed there, could ultimately affect all students and not only these two one. Rather, the medical certificate must clearly and specifically state the health impairment individually for and only these two subjects and specifically explain which are the consequences of the mask on them. Possible relevant previous illnesses should for instance be mentioned. Besides it must be clear, on which basis the attesting physician came to this estimation and on which evidences he attested so. The decision is also not contestable.
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