parents opposed to wearing a mask in primary school appeal to the Council of State

“We want to highlight the disproportionate nature of this measure for 6-11 year olds,” explains one of the members of the collective of 183 parents of pupils from Maine-et-Loire.

A collective of 183 parents from Maine-et-Loire, opposed to the wearing of compulsory masks for 6-11 year-olds, filed an interim relief before the Council of State to request the suspension of this measure, their lawyer said.

Children “remain contaminants”

The request, which makes it possible to urgently seize the administrative judge when it is considered that the State infringes a fundamental freedom, was filed on December 21 by the collective “Questions-Masques-Enfants 49”, which says it is worried about consequences of this measure, decided on October 29, on the physical and mental health of 6-11 year olds.

In response, the Council of State asked the government to justify its decision and the Ministry of Health justified this choice on January 6 by the current epidemic context, stressing that while 6-11 year olds are less exposed to contamination by viruses, “they are nevertheless not immune to it and remain contaminants”.

The ministry underlines that the appearance of a British variant of the virus, more transmissible, raises “fear of a significant infectious risk in the children”, and concludes that “there is no particular risk for the people who carry the mask while it is effective in reducing the risk of contamination “.

A utility “not proven”

Maître Bertrand Salquain, lawyer for the applicants, believes that “the health usefulness of the mask at school is not proven among 6-11 year olds, little involved in the chain of transmission of Covid-19”.

He underlines that the WHO conditions the wearing of the mask on the evaluation of its impact. “However, in France, no official evaluation has been carried out,” he observes.

“We relied on medical literature, testimonials from health professionals and parents, as well as a German study from Witten / Herdecke University on 25,000 children which reported fatigue, irritability, anxiety, headaches and learning difficulties, ”he explains.

A “disproportionate” measure

“We do not question the health policy of the government but we want to highlight the disproportionate nature of this measure for 6-11 year olds,” said Cédric Sturtz, member of the collective.

He calls in particular “a debate on the usefulness of this measure and on the criteria for its maintenance or its lifting”. According to Me Salquain, the Council of State is expected to issue its conclusions this week.

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