According to article 10 of the Federal Constitution, every person has the right for his or her physical integrity. For children, this applies even in particular according to Article 11 of the Federal Constitution. To what extent does the obligation to wear a mask impair this special fundamental right for children?
Every mask, whether it is simply hygienic, FFP1, FFP2 or others have a certain breathing air resistance due to their nature. In the case of hygienic masks, for example, this resistance is 40 Pascal per square centimeter. The effect is that the exhaled CO2-enriched air from the space between the face and the mask escapes very poorly or not at all in the time until the next breath. If the mask fits tightly, as it is officially required, this “bad air” with a high CO2 content is inhaled again with the next breath. With the next exhalation the CO2 content becomes even higher. After a few breaths, the air in the so-called dead space of the mask consists to a very large extent of CO2. The less the respiratory volume of the concerned person exceeds the volume of the mask, the lower the oxygen content in the blood. For this reason, employers have precise rules for the protection of employees regarding how long a person may work with which mask and how long the recovery time must be (see table). See 5.3.1 for the filtering half-mask without exhalation valve. The maximum wearing time is only 75 minutes, after which a break of 30 minutes must be ensured. Per shift the mask may be used for a maximum of five times 75 min. with the respective breaks of 30 min. and four shifts per week are allowed. These rules have been worked out over many years by specialists and doctors to protect the worker.
Regulation of the mask wearing time
In addition, the employer must offer regular medical examinations, during which the suitability for working with a respiratory mask is repeatedly checked. For this reason, even the German Bundestag warns of dangerous CO2 accumulation in the blood and recommends that the mask be put away regularly and that the employee breathes deeply.
Household announcement of the German Bundestag of 20.08.20
SUVA also writes on its website: “Wearing protective masks with increased breathing resistance (e.g. filter systems) is strenuous. The wearing time should therefore be limited. The possible wearing time also depends on the ambient temperature and the extent of physical activity. It is highly recommended to not work for more than 3 hours with filter masks without blower support. When working with breathing protection, fixed breaks must be scheduled. Work breaks should last at least half an hour.
Since children, due to their physical condition, have a much smaller breathing volume than adults and are also still in the developmental phase, this effect plays an even greater role for them. It is known that wearing a mask for a long time causes concentration problems, tiredness, headaches and dizziness amongst adults. For small children, the low breathing volume in relation to the mask’s extended dead space volume can even lead to fainting. There are now countless articles and experiments by so-called “fact-checkers” on the net, who are supposed to prove the harmlessness of masks even by measuring the oxygen content in the blood. One thing must not be forgotten: The adult can compensate for the increased breathing resistance and the respiratory dead space volume by consciously breathing deeper during the test or in everyday life. As far as children are concerned, the smaller they are, the more difficult this is. Particularly with little physical activity, breathing is much shallower. With certainty however, already tomorrow the next state-loyal “expert” will stand up without any practical life experience to spread his senseless opinion in the media.
How does a government now come to order a general obligation to wear masks even for children in schools, without examining the proportionality of the intervention under Art. 36 of the Federal Constitution in the special basic right of physical and mental integrity and the physical and mental integrity itself? How do school principals and teachers come to enforce this regulation without legal and medical examination without exception? The government apparently does not want to be held liable for physical and mental damage that may result from wearing the mask because it has formulated medical exceptions in the regulation. However, since it demands the restrictive implementation of the mask obligation and also encourages doctors not to issue certificates for mask exemption, it is clearly moving in the area of negligent bodily injury. And school administrators and teachers who do not allow children to wear masks without exceptions and without a limited gestation period with subsequent rest periods are also liable to prosecution (legal opinion of a lawyer see below).
In the Federal Constitution, art. 125 it says:
1 Anyone who negligently harms a person’s body or health shall, upon application, be liable to imprisonment for up to three years or a fine.
2 If the damage is serious, the offender shall be prosecuted ex officio.
In addition, there is liability for private claims for compensation for physical and mental impairment.
Legal opinion of a lawyer
All numbers and statistics prove one thing very clearly: children play no role at all in the so-called “corona epidemic” with illness and its transmission. The obligation to wear masks for children was therefore never proportionate and is nothing more than a breach of the constitution. The right to personal freedom exists additionally according to Art. 10 of the Federal Constitution. Incidentally, all this also applies to adults. Even without any negative effect on the human organism, the obligation to wear a mask is unconstitutional and can only be voluntary. The really dangerous thing is not the virus! The really dangerous one is the activism of so-called “specialists”, who do not have the slightest idea about life and law, and who are thoughtlessly devoid of any proportion of fear and panic.
Alain, – say sorry and come home!
