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The authority of a school principal to manage, for example, gives him the opportunity to take into account “that the person in question involves some risk” when distributing subjects or assigning overtime.
For example, since no one has the right to work overtime or teach certain subjects or classes, the principal can “design it,” says Mayer. What is not easily possible is to transfer to someone.
Change of the law possible
The law may stipulate the obligation to submit to the test. “I don’t see any constitutional problem there.” However, this would probably only be possible for individual groups such as doctors, nurses, policemen or teachers. It would be an interference with private life, but it should be justified under article 8 of the Human Rights Convention.
“Forcing the entire population to take the test will not be so easy.” Teachers would need various legal regulations due to different rights of service.
Mayer thinks it’s conceivable that certain areas can only be entered if you’ve been screened. This would also require a simple legal change.
If the issuance of separation notices is handed over to the military in the event of a positive test result, a legal change would also be required. In any case, military officials could act on behalf of the responsible health authority, but legal regulation would also be needed for this, according to Mayer.
The Ministry of Education wants “not to pressure”, but …
In fact, participation in the mass crown tests announced by the government will also be voluntary for teachers. The Secretary General of the Ministry of Education, Martin Netzer, said this Tuesday in S1– “Noon newspaper,” he emphasized. There will be no legal consequences if teachers do not allow themselves to be evaluated and there is no pressure on these teachers. However, they may need to wear FFP2 masks to protect their environment.
ÖVP club director August Wöginger also emphasized the voluntary nature of participating in mass testing. Although all the details have not yet been clarified, “there are discussions on how this should ultimately be handled,” Wöginger said Tuesday at a press conference in Vienna, but the tests could only be voluntary for teachers, kindergarten teachers from infants and policemen. “From my point of view, it cannot be otherwise, it can only be done voluntarily.”
