‘Mandatory mask required? They must not enter that at all Inland

If a mouth mask obligation starts to apply somewhere in the Netherlands, this will not hold up in court, so that any fines will also lapse. Brouwer is convinced of this. He argues that the special corona law that the cabinet has submitted must first be approved by the Upper and Lower Houses. Namely, that law includes the power to prescribe the wearing of mouth masks, for example. As long as there is no corona law, there is no legal basis for mandatory dress codes.

“Article 10 of the Constitution determines the right to respect for privacy, in other words, privacy. You cannot just limit a fundamental right. And a mayor or a security region is certainly not allowed to do that. This power is only vested in the government and the States General when special circumstances require special legislation, ”says Brouwer. “So a mouth mask cannot be regulated temporarily in an emergency ordinance, that is unconstitutional.”

‘Mouth mask is clothing’

Brouwer, as well as other legal experts, see a mouth mask obligation as a dress code. Mayors have therefore been whistled back by the judge. This happened, for example, in an attempt to ban the wearing of the ‘colors’ of a motorcycle club. A local burqa ban was also shipwrecked until legislation was passed. Brouwer: „Now you can dispute whether a mouth mask is a garment. That’s difficult. You could also say: it is a medical device. But then I say: we don’t want everyone to wear medical masks, so that reasoning goes down. ”

The professor emphasizes that he is certainly not an opponent of wearing a mask. “In fact, I think everyone should take responsibility and wear a face mask in circumstances that call for it. I think the government should give that urgent advice. Convince society of its usefulness. That provides social control. That works better than a top-imposed duty. ” Brouwer suspects, however, that the cabinet will not burn its fingers on this subject until the corona law and thus the legal basis is in place.

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