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In its judgment, the Federal Supreme Court ruled that the personal freedom of the students involved had been violated in the situation at the time.
Those who did not recover therefore had no choice but to undergo a medical procedure or forego face-to-face classes. The court clarified that the distance learning provided for in the regulation cannot be considered equivalent. Due to the validity period of the test certificates, the students had to take at least two tests per week.
Test or exemption from classes
The court finds it crucial that the tests are legalized from October 2021. It follows that the cost of attending the face-to-face event over a semester would have been 840 francs (30 francs for tests).
Limiting the spread of the coronavirus, face-to-face education and the protection of fellow students are public interests that justify mandatory testing, the Federal Supreme Court has emphasized.
However, it was disproportionate to impose a burden of at least CHF 840 per semester on students who wished to continue their education in face-to-face classes without a support system for those in need.
22 students submitted a complaint
The regulation, which made access to universities conditional on the presentation of a Covid certificate, was adopted by the Freiburg State Council in September 2021. 22 students had appealed this provision to the Federal Supreme Court.
In a judgment published Friday, the Second Public Law Division approved the complaint and ruled that this restriction was unconstitutional.
It is unclear whether this will be the last ruling in this case. The cantonal government of Freiburg is considering a review request, the Federal Court announced Friday afternoon. It was initially unclear what this was about. The request for review refers “to a fact which, in the opinion of the State Council, is decisive for the outcome of the case”.
The Directorate of Education and Cultural Affairs of the Canton of Fribourg did not provide any further information when asked. The legal analysis is ongoing, a spokeswoman for the Keystone-SDA news agency said.
(SDA)
Source:Blick
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