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For the Constitutional Court (VfGH), the basis for the decision of the Ministry of Education on the requirement of the mask and the division of school classes in the course of the Corona measures in spring was “not recognizable”, as announced this Wednesday. This finding follows the argument of two children and their parents against the regulation issued in May on the alternation of face-to-face teaching in schools and the use of mouth and nose protection outside of class.
“The federal minister has not presented any file”
The complainants alleged against the regulations relating to the rest of the 2019/2020 school year that “the contested provisions violate the principle of equality, the right to privacy and the right to education.” “With the finding published today, the VfGH has declared that the contested provisions were illegal,” he now says.
Federal Minister Heinz Faßmann “despite a request to the Constitutional Court, did not present a file on the entry into force of the ordinance and could not explain why he considered the challenged measures necessary. Therefore, these measures were illegally imposed,” said the Supreme Court.
