Schleswig-Holstein is now introducing compulsory masks in schools

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Student with mask in class (symbolic image)

At first there was only an "urgent recommendation", now the mask is mandatory in Schleswig-Holstein's schools: Pupils have to wear it on the school grounds from Monday, but not in class. The mask requirement applies to all age groups. This was announced by Minister of Education Karin Prien (CDU).

She made a clear U-turn. While most of the other federal states have made it compulsory to wear a mask in the school building, partly also in the school yard and, like North Rhine-Westphalia, even in the classroom, the northernmost state has so far taken a comparatively soft course. Last Friday, after the first week of the new school year, Prien had declared that a mask is not necessary.

The experience of the first week had shown that the urgent recommendation of the ministry was largely followed in schools, Prien said. In view of the further infection process, however, she wants to consider the introduction of a mask requirement. Now the case of a student from Kiel intervened who had defended himself in court against wearing a mask in class, especially at his school.

Court ruling on the mask requirement

In Schleswig-Holstein there has so far only been the recommendation to wear masks in class. However, the hygiene concept of the school in question contained the obligation to use appropriate mouth and nose protection. The Schleswig Administrative Court classified this rule on Wednesday as an administrative act. The student had lodged an objection against this administrative act, which by virtue of the law had suspensive effect, it said.

Therefore the obligation towards him could not be enforced for the time being. The obligation interferes in a relevant way with the fundamental right of the pupils to general freedom of action. The court has not yet commented on the question of whether the order of the mask requirement and the associated encroachment on fundamental rights is itself lawful, in particular proportionate.

The judges emphasized that the decision had no direct impact on other students. This is true in legal terms - but not in political terms.

Minister Prien first announced on Wednesday afternoon that the judicial decision would be evaluated. "We will now advise immediately how a possible change in the legal basis could look to enable binding rules for wearing a mouth and nose cover in schools." A few hours later she announced the mask requirement.

In a statement, Prien said the administrative court's decision was the reason for their change of course.

Of the almost 800 schools in Schleswig-Holstein, since the start of the school year on August 10, individual groups of pupils (cohorts) have not been taught face-to-face classes as a precaution due to corona cases or suspected cases.

Fok / dpa