The commission advocated for a concise legal frame on which new measures can be based, and now regrets that this advice has not been implemented. Lawyer Max Mousel explains: "We believe that the same measures should apply to everyone, same as is the case with rights and protection. There should not be a difference between private and public schools, which could be prevented with a respective legal frame."
What is the counterargument put forward by the Ministry of Education? A veritable law would provoke too many constitutional questions and not leave enough room for flexibility. The commission emphasises however that certain boundaries can be stretched in that regard, especially given that it is a question of health and safety.
The new Luxembourgish Covid laws state that masks will be mandatory for all first graders ("Cycle 2"). Mousel argues that this decision can be justified from an epidemiological perspective and is not too intrusive. He also emphasises that both the World Health Organisation and UNICEF have issued recommendations stating that masks should not be worn by younger children. The commission further advocates for the introduction of transparent masks, as this will make it easier for teachers and pupils to learn and practice new words.
When it comes to the curfew, the CCDH still questions its efficacy and underlines that there is no scientific evidence for its benefits. Furthermore, they regret that from the 15 opinions they have given to new Covid laws so far, only very few pieces of advice have been retained.
