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Münster (dpa / lnw) - The North Rhine-Westphalian Higher Administrative Court in Münster has rejected an urgent application from students against compulsory tests in schools.
In the opinion of the 13th Senate, the obligation imposed by the state in the current state of the infection process in the corona pandemic is probably a proportionate protective measure, as the OVG stated in a message on Thursday.
Especially against the background of the increased risk of infection due to the occurrence of the more easily transmitted virus variants.
The decision cannot be challenged (Ref .: 13 B 559 / 21.NE).
The applicants from Bedburg (Rhein-Erft-Kreis) see their basic right to physical integrity violated.
The 6th and 8th grade students complain that the antigen test is too complex and the informative value too low.
They also fear stigmatization if they test positive.
The OVG does not follow this view.
According to the notification by the Federal Institute for Drugs and Medical Devices, the self-tests are approved.
The judges cannot identify any health risks from the ingredients.
In addition, students do not have to take the self-tests at school.
As an alternative, the Corona Care Regulation provides for the submission of a negative test that is no more than 48 hours old.
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Pupils who cannot produce negative evidence and who refuse to take a corona test must be excluded from classes according to the requirements of the state.
In contrast, numerous pupils, representing their parents, and a school with urgent applications had moved to the OVG.
The court had spoken of a wave of lawsuits.
By Thursday, around 80 urgent applications from students from all over North Rhine-Westphalia had been received in Münster.
© dpa-infocom, dpa: 210422-99-310867 / 2
Press OVG Münster
NRW Corona test and quarantine regulation