display
Magdeburg (dpa / sa) - The Higher Administrative Court (OVG) of Saxony-Anhalt has rejected an urgent application against the corona test obligation for students.
The mother of a primary school pupil who found the test requirement as a prerequisite for attending school disproportionate, as the court announced on Thursday, sued.
The judges decided that the compulsory test pursues the legitimate aim of preventing the emergence of new chains of infection in order to protect the life and health of the population and to maintain the health system's functionality.
The decision of the court is final.
The woman had stated that the regular test requirement in schools was not proportionate.
It would contradict the testing strategies of the World Health Organization and the Robert Koch Institute.
Children have a legal right to education and schooling in the sense of attendance and face-to-face teaching, which is undermined by what they consider to be an unsuitable measure.
On the other hand, the judges said that it was not an unsuitable measure to make the access of students to the school premises dependent on a negative rapid test.
"Without this measure, the risk of the spread of the coronavirus increasing through classroom teaching in schools would be much higher," they explained.
In addition, there is a lack of a milder means of achieving the objective of health protection that is being pursued.
display
It is true that students who do not undergo the voluntary self-test are prohibited from entering the school premises.
However, they would not be excluded from the courses offered, but could and would have to take part in distance learning in order to fulfill compulsory schooling.
© dpa-infocom, dpa: 210422-99-311777 / 2
Communication from the Higher Administrative Court