[ad_1]
A 15-year-old high school student from Upper Styria sued the Republic of Austria over the requirement to wear a mask in school lessons. She argues that there is no evidence to prevent infection with Covid-19 by wearing mouth and nose protection (MNS) in class; but a lot due to the fact that children and young people are hardly affected by Covid-19.
The student’s complaint is backed by the “Evidence-Based Corona Information Initiative” (ICI), a group whose rallies are joined by both skeptics of the federal government’s crown measures and strong conspiracy theorists and even well-known extremists. right.
Dreaded “deficiencies”
According to the lawsuit, the legislature did not 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 disabilities cannot be ruled out when using an MNS for a long time.
The accused republic has to weigh the coercion of the MNS with constitutionally guaranteed basic rights of higher rank, it is argued. According to the Charter of the Rights of the Child, every child has the right to the protection and care necessary for their well-being, as well as to the best possible development and development, as well as to the protection of their interests, also from the point of view of intergenerational justice and the right to education. The best interests of the child must be given priority. Hämmerle sees this as hurt here.
The student demands that the Republic declare that it does not have to use an MNS or that the federal government, as issuer of the ordinances, assume responsibility for all consequential damages caused by the use of the MNS.
