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Potsdam (dpa / bb) - The AfD parliamentary group in Brandenburg failed with an urgent application against the obligation to test at schools before the state constitutional court.
The application to suspend the ban on entry to schools without a valid test result was rejected on Wednesday, as the court announced (VfGBbg 8/21 EA).
The 23 members of the state parliament had submitted a normative review on the constitutionality of the regulation of the containment ordinance on which the entry ban is based. According to this, only people who have a negative rapid test or self-test, in the case of minors with the signature of their legal guardians, are allowed to enter the schools. According to the court, the members saw the right to education, physical integrity and the right to data protection being violated.
The state regulation has been overtaken by the federal regulation, which has been in force since April 23 and which also mandates compulsory testing in schools, according to the court.
In addition, the interest in the protection of life and the physical integrity of the population by preventing further virus transmissions outweighs the interference with the physical integrity and the right to data protection through the self-tests, which can be assessed as minor, according to the judges.
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© dpa-infocom, dpa: 210505-99-481443 / 2
Containment Ordinance