Covid in Campania: gradual return to school after tests, TAR rejects parental appeals against ordinance



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With two decrees today (No. 2153/2020 and No. 2161/2020), the Tar Campania rejected the appeals proposed by so many groups of parents against Regional Ordinance no. 90/2020, with which the Gradual resumption of teaching activities in presence. in Campania schools, after evaluation on teaching and non-teaching staff and on children and their families. The parents demanded total openness.

The Court affirmed the legitimacy of the challenged Ordinance, taking into account that, in the context of a persistent health emergency – aggravated for the Campania Region, meanwhile included in Red zone -, aims to correspond precisely to the needs expressed by parents, also in the interest of minor children, for rapid resumption of activities in the presence and identifies, for this purpose, a path necessarily characterized by gradualism and prudence, accompanied by new measures prudential predetermined to it. (voluntary preventive screening on the teaching and non-teaching staff employed in the school, monitoring and subsequent evaluation of the data relative to the trend of the epidemiological curve). The regional measure reconciles with balance and reasonableness -as confirmed by the TAR- the priority nature of the right of citizens to health with the needs that the applicants represent.

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