A court in Weimar, Germany, has ruled that two schools should be prevented – with immediate effect – from forcing their pupils to wear masks, along with imposing social distancing measures and insisting on SARS-CoV-2 rapid tests, saying that “the state legislature regulating this area has gotten far removed from the facts, which has taken on seemingly historic proportions”. On mask-wearing, the court ruled that “the risk of infection is not only not reduced by wearing the mask, but is increased by [the widespread] incorrect handling of the mask”. The court also said “there is no evidence that compliance with distance regulations can reduce the risk of infection” and that “the regular compulsion to take a test puts the children under psychological pressure, because their ability to go to school is constantly put to the test”. The case was brought to court by a mother on child protection grounds.
There follows the text of an article published by 2020 News on this ruling – translated from German to English by Google. We think it’s so good we are reproducing it in full.
On April 8th, 2021, the Weimar Family Court decided in an urgent procedure (Az .: 9 F 148/21 – available in English here) that two schools in Weimar are prohibited with immediate effect from prescribing pupils to have mouth and nose coverings of all kinds (in particular wearing qualified masks such as FFP2 masks), complying with AHA minimum distances and/or taking part in SARS-CoV-2 rapid tests. At the same time, the court ruled that face-to-face teaching must be maintained.
For the first time, evidence has now been taken before a German court regarding the scientific meaningfulness and necessity of the prescribed anti-Covid measures. Hygiene doctor Professor Dr med Ines Kappstein, the psychologist Professor Dr Christof Kuhbandner and the biologist Professor Dr of Human Biology Ulrike Kämmerer have been heard.
The court proceedings are so-called child protection proceedings in accordance with Section 1666 Paragraphs 1 and 4 of the German Civil Code (BGB), which a mother had initiated for her two sons at the age of 14 and eight at the local court – the family court. She had argued that her children would be harmed physically, psychologically and educationally without any benefit to the children or third parties. This would also violate numerous rights of children and their parents under the law, the constitution and international conventions.
The proceedings according to § 1666 BGB can be initiated ex officio, either at the suggestion of any person or without such a person, if the court considers intervention to be necessary for reasons of the child’s best interests, § 1697a BGB.
After examining the factual and legal situation and evaluating the reports, the Weimar Family Court came to the conclusion that the now prohibited measures represent a current risk to the mental, physical or emotional well-being of the child to such an extent that further development without intervention is reasonably likely to foresee significant harm.
The judge stated:
…children are not only endangered in their mental, physical and spiritual well-being but are also currently damaged by the obligation to wear face masks during school time and to keep their distance from one another and from other people. This violates numerous rights of children and their parents under the law, the constitution and international conventions. This applies in particular to the right to free development of personality and to physical integrity from Article 2 of the Basic Law as well as to the right from Article 6 of the Basic Law to education and care by parents (also with regard to health care measures and ‘objects’ to be carried by children)…
With his judgment, the judge confirms the mother’s assessment:
The children are damaged physically, psychologically and educationally and their rights are violated, without any benefit for the children themselves or for third parties.
According to the conviction of the court, school administrators, teachers and others could not invoke the state legal provisions on which the measures are based, because they are unconstitutional and therefore null and void. Reason: You violate the principle of proportionality rooted in the rule of law (Articles 20, 28 of the Basic Law).[The judge stated]:
According to this principle, which is also known as the prohibition of excess, the measures envisaged to achieve a legitimate purpose must be suitable, necessary and proportionate in the narrower sense – that is, when weighing the advantages and disadvantages achieved with them. The measures that are not evidence-based, contrary to Section 1 (2) IfSG, are already unsuitable for achieving the fundamentally legitimate purpose they pursue, namely to avoid overloading the health system or to reduce the rate of infection with the SARS-CoV-2 virus. In any case, however, they are disproportionate in the narrower sense, because the considerable disadvantages/collateral damage they cause are not offset by any discernible benefit for the children themselves or for third parties.
Nevertheless, it should be pointed out that it is not the participants who have to justify the unconstitutionality of the interference with their rights, but rather the Free State of Thuringia, which encroaches on the rights of those involved with its state regulations, has to prove with the necessary scientific evidence that the measures prescribed… are suitable to achieve the intended purposes, and that they, if necessary, are proportionate. So far, that has not yet happened.