Federal Supreme Court, Decision BGE 2C_15/2022 from 26 January 2022

18 février 2022 – In this case, parents of a primary school student appealed the order of the Department of Education and the governmental Council of the Canton of Schaffhausen introducing the obligation to wear masks indoors for students at primary school. The suspensory effect of any appeal against this order was withdrawn by the Department of Education due to the overriding public interest. The Higher Court of Appeal of Schaffhausen dismissed the application to grant a suspensory effect to the appeal on a super-provisional basis and to suspend the extension of the obligation to wear masks. It reasoned that the obligation to wear a mask with the aim of limiting the spread of the Coronavirus was in the public interest. The appellant disputed the decision of the Higher Court and brought the case to the Supreme Court. However, the Supreme Court dismissed the appeal due to lack of irrevocable prejudice.

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