Facts
The Federal Supreme Court dismissed an appeal against the amendment to the Covid-19 Ordinance of the Canton of Bern, which extended the mask mandate to students in the 5th and 6th grades of primary school. The appellants, parents of children in the 5th and 6th grades of primary school, had demanded the repeal of this mask mandate. They argued that the measure was disproportionate and harmful to the health of the children. However, the Federal Supreme Court concluded that the mask mandate was proportionate during the relevant period from 3 to 23 February 2021, given the uncertainties at the time about the impact of new virus variants and the risk of school closures. It was justified to take additional protective measures to maintain in-person instruction as much as possible. The evidence presented by the appellants for health damage caused by wearing masks was found to be insufficiently reliable.Considerations
The Federal Supreme Court stated that the Canton of Bern had justified the mask mandate for students in the 5th and 6th grades of primary school based on the spread of more contagious coronavirus variants and the risk of school closures. Given the uncertainties at the time about the impact of the new virus variants on children and adolescents, as well as the importance of in-person instruction for the education and development of children, the measure was proportionate. The Federal Supreme Court saw no reason to deviate from the…