Facts
On June 19, 2020, the Federal Council issued the Covid-19 Ordinance Special Situation, which, among other things, provided for a mask requirement in publicly accessible areas and on public transport. On November 4, 2020, the Government Council of the Canton of Bern issued the Covid-19 Ordinance of the Canton of Bern (Covid-19 V/BE), which ordered a mask requirement in all indoor areas of schools. However, this obligation did not apply to students in kindergarten and the first four grades of primary school.
On February 17, 2021, A. filed a complaint against this exemption with the Federal Supreme Court. The Federal Supreme Court dismissed the complaint.
Considerations
The Federal Supreme Court states that according to the current state of knowledge, it can be assumed that there is a certain risk of the spread of coronavirus viruses even in schools and that the use of face masks contributes to reducing this risk. However, there are no specific details or estimates on how much the risk of infection is reduced by the ordered mask requirement.
The Federal Supreme Court further states that wearing face masks restricts communication and can be perceived as unpleasant and burdensome. Furthermore, in the teaching situation, interpersonal communication is of greater importance than when shopping. Nevertheless, the mask requirement is justified and…