This was announced by the liberal education spokesman Hermann Brckl and Federal Councilor and lawyer Michael Schilchegger. In the regulation, an indirect compulsory vaccination is stipulated and that contradicts all school law requirements. Education Minister Heinz Famann (VP) should never have issued such a regulation without a legal basis.
“The new Covid-19 school ordinance now forces unvaccinated teachers for the first time to organize and pay for an external PCR test at least once a week. Those free PCR tests that are organized by the authorities to test pupils and are already available in the school are not recognized as evidence. This is a clear penalty against teachers who – for whatever reason – have decided against a vaccination, “said Federal Councilor Schilchegger in a statement to the APA.
As a lawyer, Schilchegger has already filed several constitutional complaints against Covid measures for the FP. “Unfortunately, even arbitrary regulations are provisionally legally binding. By the time the Constitutional Court makes a decision, this regulation will have become obsolete again,” regretted Schilchegger. “Nevertheless, our complaint is a sign that schoolchildren, parents and teachers stand up for their basic rights and freedoms and do not accept every Covid arbitrary without contradiction.”
In the school system, constitutional complaints against the “disproportionate test and FFP2 mask requirements in schools were filed six months ago in close coordination with the Freedom Teachers’ Association. These complaints are currently pending on V 106/2021 and V 107/2021” , reported Brckl and Schilchegger.
