Skolēniem nekādas maskas, distancēšanās un testi — Veimāras tiesas spriedums

Vācijas pilsēta Veimāra raksta vēsturi — janvārī Veimāras rajona tiesa pirmā pieņēma saturiski būtisko spriedumu, kurā skarbi apsūdzēja valdības pieņemtos iedzīvotāju brīvības ierobežojumus. Pirms dažām dienām Veimāras bāriņtiesa nolēmusi divās Veimāras skolās tūlītēji aizliegt skolēniem valkāt jebkādus mutes un deguna aizsegus, distancēties un piedalīties SARS-CoV-2 eksprestestu veikšanā. Tam visam jānotiek, saglabājot pilna laika klātienes mācības.

Viss 8. aprīļa sprieduma teksts vācu valodā lasāms šeit.

Lietu bāriņtiesā bija ierosinājusi kāda divu dēlu māte, argumentējot, ka ar brīvības ierobežojumiem viņas dēliem tiek nodarīts fizisks, psihisks un pedagoģisks kaitējums, kamēr viņiem pašiem un nevienam citam no tiem nekāda labuma nav. Tādējādi tiekot pārkāptas neskaitāmu bērnu un viņu vecāku tiesības, ko viņiem paredz likumi, konstitūcija un starptautiski nolīgumi.

Izvērtējot lietas apstākļus un ekspertu slēdzienus, ko snieguši higiēnas ārste Dr. Inese Kapšteina (Ines Kappstein), psihologs Dr. Kristofs Kūbandners (Christof Kuhbandner) un bioloģe Dr. Ulrika Kemerere (Ulrike Kämmerer), Veimāras bāriņtiesa secināja, ka brīvību atņemošie apstākļi apdraud bērnu garīgo, fizisko un dvēselisko labklājību tik lielā mērā, ka, tiem turpinoties bez iejaukšanās, diezgan droši var paredzēt būtisku kaitējumu. Tādēļ konkrētās divās skolās turmāk aizliegts ievērot valdības noteikumus.

Savā spriedumā tiesnesis apstiprina mātes novērtējumu:

“Bērniem tiek nodarīts fizisks, psihisks un pedagoģisks kaitējums, kamēr nedz bērniem pašiem, nedz kādam citam no tā nav nekāda labuma.”

Tiesnesis: “Jo īpaši pienākums stundu laikā nēsāt sejas maskas un ievērot distanci vairs ne tikai apdraud bērnu garīgo, fizisko un dvēselisko labklājību, bet jau šobrīd ievērojami kaitē tai. [..] Tiesību pārkāpums it īpaši attiecas uz brīvu personības attīstību un ķermeņa neaizskaramību saskaņā ar Pamatlikuma 2. un 6. pantu.”

Spriedumā teikts — tiesa ir pārliecināta, ka skolu vadība, mācībspēki un citi nevar atsaukties uz valsts izdotajiem noteikumiem, uz kuriem balstās aizliegumi, jo tie ir antikonstitucionāli un līdz ar to spēkā neesoši.

Tie pārkāpj samērīguma principu, kas sakņojas tiesiskas valsts normās.

Tiesnesis savu lēmumu pamato ar sekojošiem svarīgiem argumentiem:

  • Masku nēsāšanas un distancēšanās neefektivitāte
  • PCR un eksprestestu nepiemērotība infekcijas izplatības izmērīšanai
  • Ar testiem tiek pārkāptas skolnieku tiesības turēt slepenībā informāciju par savu veselību
  • Bērnu tiesības saņemt izglītību un klātienes stundas skolā

Vienlaikus tiesnesis skaidri norāda, “ka lietas dalībniekiem nebūtu jāpierāda viņiem atņemto tiesību prettiesiskums, gluži otrādi — Tīringenes federālajai zemei, kas ar saviem noteikumiem ierobežo dalībnieku tiesības, būtu ar pienācīgiem zinātniskiem pierādījumiem jāpamato, ka tās uzliktie noteikumi ir piemēroti mērķiem, kam tie paredzēti, un ka tie šādā gadījumā ir samērīgi. Līdz šim to pat nav sākts darīt.”

Tiesnesis norāda uz to, ka skolu loma “pandēmijas” norisē nav būtiska. Neņemot vērā to, ka PCR un eksprestesti nav piemēroti to uzstādītajam mērķim, regulāru nepamatotu piespiedu masveida veselu cilvēku testēšanu nedrīkst noteikt, jo tā ir nesamērīga ar niecīgo efektu, ko tā sniedz. Regulārais testēšanas pienākums bērniem rada psihisku spiedienu, jo visu laiku tiek apšaubīta viņu “spēja būt par skolēnu”.

Austrijā, kur sākumskolas klasēs maskas nav jānēsā, bet trīsreiz nedēļā visiem skolēniem liek veikt eksprestestu, veikts pētījums, kurā secināts —

100 000 sākumskolēnu veselu nedēļu būtu jāpiecieš masku nēsāšanas blaknes, lai izvairītos no veselas 1 (vienas) inficēšanās nedēļā — ar vīrusu, ar kuru saslimstot un to neārstējot, izdzīvo 99,9 % bērnu.

Koronas izmeklēšanas komisijas advokāts Dr. Rainers Filmihs (Reiner Füllmich), komentējot būtisko spriedumu, norāda, ka Veimāras bāriņtiesas spriedums nav vairs apgāžams. Tā kā tas ir īstenojams nekavējoties, viņš ar interesi gaidīšot, kā uz to reaģēs Tīringenes federālās zemes valdība, kuru pārstāv tieši skartā skolu vadība un skolotāji. “Redzēsim, vai tiesiska valsts vēl pastāv, vai arī viņi maskām ļaus nokrist līdz galam un skaidri parādīs — tiesiskā valsts viņus vairs neinteresē, šeit tagad valda totalitārs fašims.”

Viss Dr. Filmiha komentārs (vācu valodā):

L. Tjuniņa

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