Petition to the Ombudsman

by

From: E-Civis Association

 

To: People's Advocate

Ministry of Education

Ministry of Health

 

Petition

 

Subscribed E-Civis Association, a non-governmental association whose aim is to promote and defend the rights of Romanian citizens, we would like to inform you that the Joint Order issued by the Ministry of Education and the Ministry of Health on measures to organize work in educational establishments/institutions on 7 March 2021 violates the provisions of Articles 34 and 35 of the Romanian Constitution with regard to the rights of pre-school children and primary school students:

– rights and freedoms infringed:

ARTICLE 34
(1) The right to health protection is guaranteed.

2. The State shall be obliged to take measures to ensure hygiene and public health.

ARTICLE 35
(1) The State recognises the right of every person to a healthy and environmentally balanced environment.

2. The State shall provide the legislative framework for the exercise of that right.

(3) Natural and legal persons have a duty to protect and improve the environment.

We base our petition on the following arguments:

  1. In the context that the infection rate passes 3 per thousand in a locality, classes in which more than 15 children learn can no longer be considered a healthy environment.
  2. Without a justified review of the conditions for the consideration of a community at epidemiological risk, carried out by health professionals, I consider that the issuance of the abovementioned Common Order represents an excess of power. The two issuing ministries of the joint order acted in violation of the rights and freedoms of the pupils and their parents, referred to in Articles 34 and 35 of the Constitution.
  3. There is no rational justification for the measures ordered because different legal treatments are established for similar situations.

 

We call, on the basis of Articles 34 and 35 of the Romanian Constitution, for the establishment of rules allowing pre-school children, primary school pupils and their parents to decide what is best for the safety of their children and their families and not to impose a decision that may expose them to SARS-CoV-2 virus infection.

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