German Judge rules that the mandatory requirement to wear face masks in school is unconstitutional
The Weimar District Family Court ruled in April 2021 that two Weimar schools were prohibited from enforcing mask wearing in school. The Court stated that the schools should ensure minimum distances and/or to provide rapid covid tests.
The proceedings were started by the mother of two boys aged 14 and 8 respectively. The mother claimed that her sons were being physically, psychologically and pedagogically damaged. She further claimed that the requirement to wear a face mask violated her sons’ rights under German law, the German constitution and international conventions. The judge found that the requirement to wear a face mask in school did indeed endanger the children’s mental and physical wellbeing. It was a breach to their rights to free development of personality and to physical integrity under Article 2 of the Basic Law. The Court further stated that the schools could not rely on the state regulations on face masks as they are unconstitutional and therefore null and void because it was a violation of the principle of proportionality.
The Court heard expert evidence on the whether there was any benefit to wearing face masks. The Court heard from Professor Kappstein, who had evaluated the international data on face masks and stated that there was no scientific evidence to show that face masks were effective in preventing infection. The Court stated that face masks were not only ineffective at preventing infections but could also be dangerous. The Court stated that face masks were regularly touched and that the population had not been properly informed on the need to disinfect their hands and that masks could be a contamination risk if improperly handled.
The Court further relied on evidence on the unsuitability of PCR tests. Expert opinion was provided by Professor Kammerer, who stated that even if the PCR test is carried out correctly, the test could not distinguish because the dead virus which cannot replicate and spread and the living virus which can cause reproduce and cause infection.
The Court concluded that the mandatory requirement for students to wear face masks and to also keep a distance from each other endangers their mental and physical development.