Unvaccinated teacher from Bavaria refuses compulsory testing - and complains about home office

Created: 2022-01-20 05:20

By: Tanja Kipke

A teacher from Bavaria does not want to comply with the 3G rule at work and has therefore complained.

(Iconic image) © Hauke-Christian Dittrich/dpa

The 3G regulation applies to Bavaria's schools.

An unvaccinated teacher from Bavaria refuses to carry out corona tests.

Now he's taking it to court.

Regensburg – Because he does not want to have any corona tests carried out, a teacher from the Kelheim district sued the Free State.

After the teacher was removed from the school building by the police last year without a mask, he had already complained about the obligation to wear a mask in class.

However, the Administrative Court of Regensburg rejected the application.

This time, the official is “essentially about being released from face-to-face classes because he does not want to comply with the obligation to carry out tests with regard to the corona pandemic,” according to the court’s draft resolution.

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Teachers from Bavaria complain about home office: He relies on his basic rights

The goal of the teacher was to be able to hold his lessons from home, i.e. digitally. "In the civil service procedure, I would like an offer from my employer in order to be able to fulfill my official duties as an unvaccinated person who is not ready for a test," the court quoted the teacher as saying. In his justification it says that he decided against vaccination for medical, ideological and political reasons and "prefers natural immunization through infection".

He was threatened with legal consequences if he refused to comply with the test obligation. He therefore asks for the assistance of the court. He wants to fulfill his official duties, but he insists on his basic rights under Articles 1 and 2 of the Basic Law and therefore does not want to be tested. His application also mentions personal rights and that he considers the 3G rule in the workplace to be unconstitutional.

The Ministry of Culture argued decisively against it: "There is no evidence of discrimination or unlawful unequal treatment of a minority, non-immunized persons," says the court order.

The obligation to test serves to identify infected people and to be able to exclude them from attending school in person, thus preventing the infections from spreading further in schools.

It also serves to protect non-vaccinated people.

The decision of the administrative court in Regensburg is clear

The court denied the Kelheim teacher's motion.

"The so-called 3G regulation in Bavaria is legal and constitutional according to the case law of the BayVGH," says the reasoning.

According to this, test verification obligations are basically a less onerous means of curbing the spread of the corona virus.

The teacher must bear the costs of the court himself.

"The amount in dispute is set at 2,500 euros," as the decision shows