On April 8, 2021, the Weimar Family Court ruled that, effective immediately, two Weimar schools are prohibited from requiring students to wear mouth-to-nose coverings of any kind (especially qualified masks such as N95 masks), impose minimum distances on them, and/or participate in SARS-CoV-2 rapid testing. At the same time, the court determined that classroom instruction must be maintained.
For the first time, evidence has now been presented before a German court regarding the scientific reasonableness and necessity of the prescribed anti-Corona measures.
After examining the factual and legal situation and evaluating the expert opinions, the Weimar Family Court has come to the conclusion that the measures now prohibited represent a present danger to the mental, physical or psychological well-being of the child to such an extent that, if they continue to develop without intervention, considerable harm can be foreseen with a high degree of certainty.
The judge states, “Such a danger is present here. Because the children are not only endangered in their mental, physical and psychological well-being in particular by the obligation to wear face masks during the school time and to keep distances among themselves and to further persons, but beyond that already presently damaged. At the same time, this violates numerous rights of the children and their parents under the law, the constitution and international conventions. This applies in particular to the right to free development of the personality and to physical integrity from Article 2 of the “Grundgesetz” [Constitution] as well as to the right from Article 6 of the “Grundgesetz” to upbringing and care by the parents (also with regard to measures for health care and “objects” to be carried by children)…
The judge states: “The children are physically, psychologically and pedagogically damaged and their rights are violated without any benefit for the children themselves or third parties.”
According to the court’s conviction, the school administrators, teachers and others cannot invoke the state-law regulations on which the measures are based, because they are unconstitutional and thus void. Reason: they violate the principle of proportionality rooted in the rule of law (Articles 20, 28 of the “Grundgesetz”).
The judge summarized his decision as follows:
“The compulsion imposed on school children to wear masks and to keep their distance from each other and from third persons harms the children physically, psychologically, educationally, and in their psychosocial development, without being counterbalanced by more than at best marginal benefit to the children themselves or to third persons. Schools do not play a significant role in the “pandemic” event.
The PCR tests and rapid tests used are not suitable in principle and already in the approach for determining an “infection” with the virus SARS-CoV-2. This results after the explanations in the expertises already from the own calculations of the Robert Koch Institute. According to RKI calculations, as expert Prof. Dr. Kuhbandner states, in mass testing with rapid tests, regardless of symptoms, the probability of actually being infected when receiving a positive result is only two percent at an incidence of 50 (test specificity 80%, test sensitivity 98%). This would mean that for every two true-positive rapid test results, there would be 98 false-positive rapid test results, all of which would then have to be retested with a PCR test.