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Action approved for guardianship. ICI: Collection procedures should follow this model process. (With video!)
Schladming, Vienna (OTS) – An explosion immediately after the schools reopened: a 15-year-old high school student from Upper Styria is suing the Republic of Austria. In essence, she argues that there is no evidence to prevent Covid-19 infection from the compulsion to wear an NMS during class. However, there is evidence that children and adolescents are hardly affected by COVID-19.
Zwtl: damage cannot be ruled out
The legislature also failed to provide sufficient evidence of the obligation to use an MNS and, at the same time, could in no way argue that using an MNS for hours was harmless. The student’s legal representative, Schladming’s lawyer Michaela Hämmerle, criticizes the lack of a proportionality control and the violation of legal interests such as life and health. Mental and physical impairments cannot be ruled out when an MNS is worn permanently.
Zwtl: the best interests of the child are paramount
The accused republic had to weigh the compulsion of the MNS with basic rights of greater rank, guaranteed constitutionally, as mentioned several times by the Constitutional Court. Lieutenant According to the Charter of the Rights of the Child (in Austria with constitutional status), every child has the right to the protection and care necessary for their well-being. Also on the best possible development and development, as well as on the protection of their interests, also from the perspective of intergenerational justice and the right to education. The best interests of the child must be given priority. Hämmerle sees this as hurt here.
Zwtl: Danish study shows ineffectiveness of MNS
Hämmerle presents, among other things, a Danish study according to which wearing an MNS does not have a significant influence on the risk of developing COVID-19. On the other hand, it cannot be ruled out that the use of an MNS (throughout the lesson and on the way to school) has serious consequences for the psyche of the child and adolescent, and not only because social interaction is impeded, which is extremely important for development.
Zwtl: Republic should be liable for consequential damages
The student demands that the republic not have to use an MNS or (in some cases) that the federal government, as a legislator, accept responsibility for all consequential damages caused by the use of the MNS. The civil law basis for claims is, among other things, the right to self-help if state aid arrives too late (paragraph 19iVm 344 ABGB). The approval of a trustee court is also included. The competent guardianship court justifies the approval with the fact that the “request for action is not intentional or useless” and “at least in the interest of the (minor) applicant”.
Zwtl: model demand
ICI, Corona’s Evidence-Based Information Initiative, supports this model claim. If this model case is successful, large group cases are planned. ICI is currently holding a referendum for the “law to repair Covid-19 measures.” You can receive support in all municipalities and in all Austrian magistrates. You can also sign online with the citizen card. www.corona-volksbegehren.at
Video: https://youtu.be/k5QerUYOiAs
www.initiative-corona.info
Queries and contact:
PURKARTHOFER PR, + 43-664-4121491, information@purkarthofer-pr.at, www.purkarthofer-pr.at
