The Moscow City Court recognized the order on express testing for COVID-19 in schools as legal The corresponding decision was made by the Moscow City Court following the verification of the legality of the order for express testing.
According to the court decision, the order of the Moscow Healthcare Department and the Moscow Department of Education and Science No. 997/567 “On measures for the early detection of COVID-19 using an express test in educational organizations” was adopted within the powers of the indicated executive authorities of the Moscow city, complies federal legislation “On the basics of protecting the health of citizens in the Russian Federation”, “On education in the Russian Federation”, “On the sanitary and epidemiological well-being of the population”, the Decree of the President of the Russian Federation dated 02.04.2020, No. 293.
The Moscow City Court recognized the right of educational organizations to serve as a platform for compulsory express testing and to conduct it in accordance with the current legislation.
The court also considered it possible that, within the framework of the algorithm, express testing could be carried out not only by medical workers, but also by employees of the educational organization , parents of students and pupils in the presence of a teacher, as well as children independently in the presence of teachers.
The court recognized that rapid testing is not a medical intervention and does not require the informed consent of the parent.
< p>In addition, the court considered it acceptable that in case of refusal to participate in express testing of the child and refusal to provide the result of the PCR test, the school has the right not to allow the student to attend classes. This measure is a forced temporary restriction in the current epidemiological situation, is aimed at preserving and protecting the rights of other students and does not violate the right of children to education.
The court found that the order is aimed at preventing the spread of a new coronavirus infection, ensures taking measures to prevent disease, preserve and promote the health of students in schools, giving parents and students a choice of how to determine the presence or absence of the virus and does not deprive students of the right to receive an education.
Rapid testing is used as effective and fast method for detecting new cases of coronavirus. A positive result of such a test is not considered a confirmation of the disease, but serves as the basis for an immediate referral by a doctor to the child.