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Enforced wearing of masks declared unconstitutional

- UK HUMEN RIGHTS BLOG - Jan 25, 2021 -

Rosalind English -

Following my post on the Weimar District Court judgment, here is news from Belgium. This summary of the ruling is from the journal LeVif.

The police tribunal in Brussels issued a judgment on 12 January acquitting a man summoned for non-wearing of a mask, according to his lawyer, Hélène Alexandris. The judge concluded that the enforced wearing of the mask in public space was unconstitutional. Interior Minister Annelies Verlinden said the public prosecutor has appealed against the decision.

The court recalled that the two articles of law relating to public security, the ministerial order of 30 June 2020, on the basis of which the infringement was established, were exceptions to the principle of freedom of movement.

The judge recognised that the current health situation justifies a restriction of freedom of movement and the imposition of certain measures. However, he considered that these measures must have a legal basis – parliament had not legislated to authorise the restrictive measures taken by the various ministers since the beginning of the crisis – and that they must be compatible with the other rights in force.


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