Sick Germany: lawyers advise the Bundestag to explicitly ban the RKI recommendations for school

A call from News4teachers editor Andrei Priboschek.

Berlin. What kind of country do we live in? Now, all serious lawyers give politicians advice on how to drag the last-and proven effective-fire wall against children & APOs; s disease and make the recommendations of the Robert Koch Institute for school operations legally impossible: according to legal experts, the traffic light parties must clarify their Corona legislation plans at the school point if comprehensive closures-and even just alternating lessons-are really to be excluded. Sick Germany.

As a reminder: it was only through the emergency brake of the federal government, which provided for alternating lessons from an incidence of 100 and school closures from 165 onwards, that the third wave of Corona had been broken in the spring. Next week, the political groups of the SPD, Greens and FDP will jointly phase out the "epidemic plight of particular importance", which grants the Federal Government special rights in the field of disease control. According to this, transitional arrangements should make it possible for uniform measures to apply throughout Germany.

According to Ferdinand Wollenschläger, Professor of Public Law at the University of Augsburg, the plans did not allow any more school closures, but conditions for the continuation of the operation were now laid down by Ferdinand Wollenschläger, professor of public law at the University of Augsburg. & quot; this may result in difficulties in interpretation. & quot; he was involved in a Bundestag hearing on Monday as an expert in the legislative process.

What the lawyer means by this: Wollenschläger referred to possible distance specifications that could make classes in full class strength impossible or arrangements of alternating or distance lessons. This is exactly what the Robert Koch Institute, after all Germany & APOs; s Federal Authority for Disease Protection, recommends from an incidence of 50 (which is now being exceeded nationwide). What & APOs; s more: in a recent bulletin, News4teachers explicitly warned against the disease of daycare centres and schools, as News4teachers reports. The reason for this is that the risks to the health of children and young people cannot be estimated scientifically.

"it is appropriate to clarify that no restrictions on capacity are allowed in the school sector"

The lawyer Wollenschläger does not challenge this. & quot; if you would like to definitely exclude a general suspension of attendance at schools, it is therefore advisable to clarify that no restrictions on capacity are allowed in the school sector, & quot; he explained. Again slowly: a lawyer calls on the Bundestag to ban the RKI recommendation for a school establishment as safe as possible-which is in fact equivalent to a legal compulsion to incriminate the children.

Prof. Hinnerk Wißmann of the University of Münster, who was also a member of administrative law, said similarly: & quot; the wording of the regulation provided for so far could be misunderstood and overstretched in such a way that, for example, the establishment in schools (and universities) would in fact be discontinued or fundamentally changed by prescriptions on digital teaching forms, & quot; he said. Wißmann also recommends an additional wording that conditions for daycare centres or schools do not «lead to a general limitation of local capacities ».

He would also consider it to be a problem of equality if, for example, switching lessons or the obligation to give digital lectures as a result would restrict the operation more than in restaurants or similar places of encounter, for example. An abrupt argument: in Germany, compulsory education is compulsory-children are forced into the disease. A restaurant duty in the pandemic has never been mentioned before.

How about a hospitalization obligation in schools for law professors? Sit yourself in a narrow classroom for hours with 30 unvaccinated children, dear gentlemen Wollenschläger and Wißmann-of course without the air filters, which have long been available in many German dishes! One good thing, however, is the advice of the two luminaries: the Bundestag is forced to swear. How far do Germany & APOs; s responsible politicians really go in the pandemic? If the Bundestag majority follows the two lawyers, then we know. News4teachers / with DPA material