Free public toilets are not part of human dignity

Free public toilets are not part of human dignity

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OVG Münster: City of Essen does not have to consider urge to urinate
If people have to, urination in public toilets does not have to be possible. Even if a citizen suffers from a morbid urge to urinate and municipalities do not provide public toilets, the human dignity protected by the Basic Law does not suffer, the North Rhine-Westphalia Higher Administrative Court (OVG) decided in a decision announced on Wednesday, December 27, 2017 (Az .: 15 E 830/17 and 15 E 831/17). In the specific case, the Münster judges rejected the legal aid application from a man from Essen.

The latter wanted to oblige the city of Essen to set up public toilets that can be used free of charge in public places in the city area. Dixi toilets could also be used temporarily. He justified his urge to use the toilet with his pathological urge to urinate.

In order to legally force the city to set up the toilets, he applied for legal aid.

The OVG rejected this by decision of December 14, 2017. There is no legal requirement that obliges the city to install public toilets. Neither the municipal regulations of the state of North Rhine-Westphalia provide such a claim, nor does the basic right to human dignity include the installation of public toilets.

Rather, the applicant has other options to meet his health restrictions in order to be able to stay in public, according to the OVG. The Essener could also not request the free use of existing toilets. Because the state does not have to provide "individually attributable services of general interest" free of charge. fle

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