Daughter sent to elementary school without a mask: Fine for mother
Published: Tuesday, Apr 2nd 2024, 17:00
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The Department of Education of the Canton of Basel-Stadt has rightly imposed a fine of CHF 250 on a mother. This was decided by the Federal Supreme Court. The woman repeatedly allowed her daughter to attend elementary school without wearing a mask during the coronavirus pandemic.
The woman complained to the Federal Supreme Court that the fine imposed was a penalty, meaning that stricter procedural rules would apply than in administrative proceedings. Switzerland's highest court rejected this view in a ruling published on Tuesday.
Rather, it confirms its case law according to which the administrative fine imposed under school law is not of a criminal nature. It constitutes a disciplinary measure within the framework of administrative proceedings.
This is evident from its basis in the cantonal school law and its purpose of encouraging parents to comply with their administrative obligations. This is also reflected in the maximum amount of CHF 1,000. The administrative fine imposed is therefore primarily of a preventative and educational nature and does not constitute a penalty.
No certificate submitted
The second-grade pupil repeatedly appeared at school without a mask. The mother did not submit a medical certificate that would have exempted her daughter from the obligation to wear a mask, which applied indoors at elementary school in the canton of Basel-Stadt from January 3, 2022.
The school authorities repeatedly asked the mother to submit a medical certificate. She was also informed of the consequences if she did not comply with the request.
In mid-February 2022, the Department of Education of the Canton of Basel-Stadt finally imposed a fine of CHF 250 for repeated breaches of parental duties. An appeal by the mother to the Court of Appeal of the Canton of Basel-Stadt was unsuccessful. (Judgement 2C_33/2023 of 28.2.2024)
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