Judge exempts schoolchild from wearing a mask: Ministry is now reacting

The Weilheim district court has exempted a child who attended secondary school in Schlehdorf from the mask requirement.

In the meantime, the Ministry of Culture has commented on this.

Schlehdorf / Weilheim - In the ruling, the family court ordered on Tuesday (April 13th) that the school administration may no longer require the child to wear a mouth and nose cover on the school premises with immediate effect.

The parents had defended themselves against it in court.

Corona in Bavaria: Schoolchildren exempted from wearing a mask - this is how the judge justifies the decision

The judge sees the "best interests of the child at risk in the specific case", it says in the decision, which is available to the Tölzer Kurier.

It says that the child had stated in a personal hearing that if they had to wear the mask for a long period of time, they would suffer from headaches and nausea.

In the past year, the mother had to pick it up from school several times a week because of complaints.

The child had had a certificate since October 2020 and was exempt from the corona mask requirement until Easter.

The headmaster then insisted on a new certificate, which was also presented.

The rector “did not want to recognize it because he could not judge it”.

Therefore, the matter has now gone to court.

The judge relied on experts who came to the conclusion that wearing face masks in children could "pose a significant threat to mental and physical well-being".

Various clinical pictures are described, but also "side effects on emotional experience and social communication".

In the further course of the decision, the 12th Bavarian Infection Protection Measures Ordinance is described as "unconstitutional".

Schoolgirl exempted from compulsory corona mask - Ministry of Culture speaks of "individual decision"

Basically, the court decision does not overturn the corresponding Corona regulation.

Because the district court would not be responsible for such a legal review, but the administrative courts.

A spokeswoman for the court also describes the matter as an individual decision.

Headmaster Manfred Ilitz does not want to comment on the specific case and refers to the Ministry of Education.

There, too, the matter is referred to as an individual decision: "The decision has no effect on the existing measures in schools according to the infection control measures ordinance and the general hygiene plan for schools," said press chief Günther Schuster on request.

"The infection protection measures classified as lawful by the Bavarian Administrative Court continue to apply unchanged to all teachers and students, including the mask requirement, even against the background of this individual family court decision." It has not yet been determined whether the Ministry of Education will appeal.

Meanwhile, the state government has officially extended the corona lockdown in the Free State to May 9, and the city of Munich has issued an alcohol ban.

You can find all pandemic news in our current ticker.