Denialists of the Covid and the Law: When there is no right to go to class without a mask
Is going to a mask classy class?Can parents decide that their children access an educational center where this protection element is mandatory due to the health context?The case of the two students of a public school in Cáceres whose family refuses to have a mask to go to class has put a hypothetical conflict between the right to education and the right to health, after the Boardfrom Extremadura has decided, due to this matter, to prevent the entry of students without masks in any educational center of the community sustained with public funds.The case of these students of 3rd and 5th grade is already in the hands of the Minors Prosecutor's Office.Another similar case has been recorded these days in a public school in Mallorca, in which two students have refused to put the mask and have been vetoed to entry.
The Constitutional Law professor at the University of Extremadura, Gabriel Moreno González, says that in this case there is no collision between two fundamental rights, education and health, and that they are "absolutely compatible" because the parents of minors have not arguedother rights that can be violated by forcing them to put masks."There could be health, religious or conscientious objection reasons," he explains, but this is not the situation.
In his opinion, this is the main reason why the norm of the center must prevail, since it is the one that ensures the protection of both fundamental rights.If this regulation is not respected "what we are talking about is the refusal of two citizens to comply with a regulation, which entails an administrative sanction or the opening of the judicial route", which could even reformulate the parental authority power.
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The interest of minors
Moreno González emphasizes that the best interests of minors must, but its use is a duty that is collected in a rule and in the law.Not having adduced other rights that could be violated, "it is as if the rules of a center in terms of uniform are violated," he says.A "more complicated" case would be vaccination, since the right to physical integrity would come into play.
In similar terms, the minors prosecutor who will investigate the case, Yolanda Forte, has ruled on Thursday.Although she has specified that so far she only has the information that has come through the media, the prosecutor has insisted that education is a fundamental right and the interest of the two minors must be protected.
Forte recalled that in several cases "in which an intentional leave of the parental duties of parents or guardians can be verified, a complaint has been made for abandonment of family".
But the family sharply rejects the use of masks.So much so, that the Secretary General of Education of the Board of Extremadura said Wednesday that it had been tried.
Class between screens
The lawyer of the parents of the children, Francisco de Borja Gómez Martínez-Fresneda, related to the denialist and anti-confinement group "Police for freedom", explained to Eldiario.It is Extremadura that the imposition of carrying a mask "for eight hours a day is an attentive against health", especially children, who are "the victims of this circus [sic]".
The lawyer has claimed to ignore the start of the judicial route by the Board of Extremadura and has assured that, after rejecting the option of separating the girls from the rest of the students to receive training individually, the family asked the center towill adopt the appropriate measures to avoid this "discrimination".Among the options he has proposed, that they attend class separated from the rest of their companions by screens or that will be located next to the classroom windows.
In recent days, Vox has announced that he will present initiatives to ask communities that masks cease to be mandatory in schools for children under 12 years.This age group is the only one for which a vaccine has not yet been approved in our country and, although cases of serious illness between girls and boys are less frequent, lack of protection can make them more likely to become vectors of infection.