The government was accused of having imposed a measure "outside of legality", | Efe

The Balearic High Court has rejected a case brought by the mother of two girls for them to attend school without wearing masks. For now, this a provisional decision, as the court has not gone into the substance of the matter, which is to decide whether the right to education is violated by preventing their access to school in Mallorca without masks. The ruling, also for the moment, rejects the application of a precautionary measure requested by the mother - a request cannot be made to exempt anyone from compliance with a law.

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The case stated that the girls going to school without masks posed no risk to public health or, if it did, this was to a very low extent. The government was accused of having imposed the measure outside of legality through a de facto route. This argument has been rejected by the court: "There is a regulation for exceptional measures for prevention of Covid-19 in schools, which establishes the obligation that all students over six years of age, as is the case, wear a mask while they are in school."

Given this regulation, the court's ruling indicates that both the school and the students are obliged to comply with it. The court recognises that there have been attempts at mediation due to the mother's refusal to take the girls to school with masks. The court refers to the "general, public interests", which the government has defended in protecting the health of teachers and students, outweighing those of individuals "who contravene the provisions of health regulations and wish to avoid these under the argument of a violation of the right to education of minors".