Smartphone withdrawal does not violate any basic right – teachers take the smartphone of their students, if they do not violate the basic right of the young people, decided the administrative court of Berlin. In this case, a student saw his rights violated as a teacher released the smartphone only after the weekend.
Smartphone withdrawal by teacher allowed
The student’s smartphone had disturbed the lessons several times on a Friday. The teacher decided to take the device, the school decided not to give it to the mother until the following Monday. The student had to do without his smartphone over the weekend.
He felt himself not only hurt in his honor, but also deprived of a fundamental right. The case has already been applied in 2015 and has now been tried in court. The parents of the student, who was then a minor, joined the lawsuit and saw that the teachers’ measure restricted their education rights.
Smartphone does not constitute a fundamental right
Although the Administrative Court of Berlin dismissed the complaint under file number 3 K 797.15 – the pupil had now left the school and the court saw in the incident a one-time measure – made it clear that the teacher had been entitled to move in the smartphone.
The pupil’s “sudden inaccessibility” was “no unreasonable impairment of his fundamental rights”. Nor did the court consider the interference with the right of education brought forward by the parents as given. There was also no discrimination against the pupil.
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