Posted on 05/30/2021 12:57:08 PM PDT by lightman
As reported in The Epoch Times recently, the Oklahoma Legislature recently passed a Bill banning mask mandates in schools. In Germany, mask mandates in schools have also been under the microscope, in particular in an extraordinary judgment given last month.
On April 8, the Weimar District Court banned two schools in that district from enforcing mask mandates, social distancing requirements, and rapid COVID-19 testing on their students. The court also ordered the schools to no longer conduct distance learning.
The decision followed a legal action by the mother of two students, aged 8 and 14 respectively, at one of the schools, who argued that such measures were causing physical, psychological, and pedagogical harm to her children, as well as constituting an infringement of her children and parental rights under German and international law.
The judge, Christian Dettmar, upheld this argument (pdf), noting that mask mandates and social distancing requirements for children, were not only causing the harm mentioned above, but were in direct violation of Articles 2 and 6 of the German Constitution, which guarantee the rights to freedom of individual development, education, and parental assistance.
Protest against COVID-19 restrictions in Berlin Members of the police stand guard as people protest against the government measures to curb the spread of the coronavirus disease (COVID-19), as the lower house of parliament Bundestag discusses amendments to the Infection Protection Act, in Berlin, Germany, on April 21, 2021. (Christian Mang/Reuters)
Accordingly, the judge held that the anti-COVID measures deployed were not proportional to the threat posed. This was in accordance with proportionality principles enshrined in Articles 20 and 28 of the German Constitution.
The court also referred to an October 2020 WHO Bulletin which featured a study by renowned medical science expert John Ioannidis, who found the death rate for coronavirus was 0.23 percent, the equivalent of a moderate influenza epidemic.
In examining expert medical, scientific (including biological) and psychological evidence, the judge found the use of masks and social distancing had no effect whatsoever on reducing infection, and cast serious doubt on the ability of asymptomatic persons—particularly children—to spread the virus. This was the first time evidence was presented to a German court regarding the scientific reasonableness and necessity of the prescribed anti-virus measures.
Judge Dettmar found that the anti-virus measures posed a danger to the mental, physical or psychological well-being of the children to such an extent that significant harm could be foreseen with a high degree of certainty. He wrote:
“The children are not only endangered in their mental, physical, and spiritual well-being by the obligation to wear face masks during school hours and to keep their distance from each other and from other persons, but, in addition, they are already being harmed. 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 (German Constitution) as well as to the right from Article 6 of the (Constitution) to upbringing and care by the parents (also with regard to measures for preventive health care and ‘objects’ to be carried by children) …”
The judge agreed with the experts’ assessment that masks were not useful for viral protection, that PCR tests could not detect a disease-causing infection with necessary certainty, and that asymptomatic transmission played no detectable role epidemiologically with respect to coronavirus.
On the contrary, masks would have a negative impact on children’s health due to handling-related contamination. Testing in school classes would be unnecessary, harmful and also extremely problematic in terms of data protection.
In conclusion, he stated, “100,000 elementary school students would have to put up with all the side effects of wearing masks for a week in order to prevent just one infection per week. To call this result merely disproportionate would be a wholly inadequate description. Rather, it shows that the state legislature regulating this area has fallen into a factual disconnect that has reached historic proportions.”
Following this sensational decision, Judge Dettmar had his house, office, and car searched by police, and mobile phone confiscated.
The Weimar Administrative Court—a separate court with no jurisdiction over the District Court—issued a statement in response describing Dettmar’s decision as unlawful (without giving reasons), and reiterated the importance of the mask mandate.
Do the actions of the police, court, and authorities suggest that the edifice of virus restrictions could be exposed as lacking proper epidemiological foundations?
Rocco Loiacono is a senior lecturer at Curtin University Law School in Perth, Australia, and is a translator from Italian to English. His work on translation, linguistics, and law have been widely published in peer-reviewed journals. This article was compiled in collaboration with Eva Wiesmann.
A woman wearing a protective face mask reading ''dictatorship'' protests against government restrictions, although the rally has been disallowed by a regional court, amid the CCP virus disease (COVID-19) outbreak, in Bremen, Germany, on Dec. 5, 2020.
Hitler must be spinning in hell. /s
What ticks me off is that we are now ruled by unaccountable judges and bureaucrats. Representative government is dead.
You turn me right round baby right round...
Upstate NY....Why is some dumb a** governor telling me I have to wear a mask and stay 6 ft from anyone.
From the article:
“Following this sensational decision, Judge Dettmar had his house, office, and car searched by police, and mobile phone confiscated. “
The German DeepState/Pharma-Industrial Complex doesn’t like its power threatened.
“German Judge Declares Mask Mandates Illegal and Harmful to Children”
The truth will out.
Not informing every person of the number of amplifications needed before their PCR test showed a positive is strong evidence that this disease is political. I wonder if the labs even kept statistics on it. President Trump should have insisted on it.
it definitely impossible to spread a disease that you do not even have.
I don’t think Trump understood how corrupt the inside the beltway crowd is.
(I still mainly assume people will have the same moral principles I have even though I know that is not true.)
I read recently the CDC said early on that the PCR test had to go through 35 cycles! They just recently said 28. (Still too high)
You’re right. A political disease.
They say Jan 6th was our Reichstag Fire. This Reichstag Fire started in March last year.
Yup,
Friday the 13th of
March I walked into
Sheer Madness at the
Supermarket and later
Walmart!
The shelves were
Bare and the lines
were 10 deep with
Full to overflowing Carts.
I Will never Forget.
Those Germans!
An ember of sanity throws off a spark in the Old World.
A bucket brigade of insane liberals will rush to throw water on it before a flame of common sense breaks out.
“German Judge Declares Mask Mandates Illegal and Harmful to Children...”
And adults.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.