The Bolzano administrative court rejects the first application to suspend compulsory tests at school and postpones it until April 27th.
by Thomas Vikoler
The first attempt to undergo a nostril test twice a week, which has been in force in schools since this week, has failed.
On Thursday afternoon, the administrative court published an order signed by the new court president Michele Menestrina, with which an application to suspend the test requirement was rejected. A panel of judges will deal with the application on April 27th.
Thus, the course of the court in this contested cause is more or less predetermined, in the next few days further rulings on appeals from further parents are likely to be issued.
In this case, five parents had applied for the immediate lifting of the compulsory test for their children with the sanction of being excluded from face-to-face teaching (and transferring to distance learning). The appeal was brought by the two Sardinian lawyers Francesco Scifo and Linda Corrias as well as by the Bolzano lawyer Renate Holzeisen.
Their arguments: The governor’s ordinance of April 1 violated laws, and he also had deficiencies in justification. The obligation to test declared as a test project was neither provided for by a state law nor proposed by the state’s Corona expert commission. Only the medical company advised them to the country. “The right to education is unlawfully subordinated to an invasive attempt in which medical treatment is carried out without the free consent of those affected,” says the five parents’ appeal, among other things. They see the right to education restricted, while the public prosecutor speaks of a “balance” between the two basic rights to education and health. The test is anything but invasive, damage to the students is not expected.
The plaintiffs claim, however, that the state regulation deviates from the state regulations, where there is no compulsory test for face-to-face teaching. An exception to this is only possible in “extraordinary” cases.
The President of the Court Menestrina sinks the application for suspension with the note that the health and mental impairment of the children alleged by the plaintiffs has not been proven “in the least” due to the compulsory test. The clarifications submitted by the state on the type of test had shown that no “irreparable consequences” for the health of the children were to be expected.
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