The prohibition of using solariums by people under 18 years is declared constitutional
© Thorben Wengert / pixelio.de
Karlsruhe (dpa) The prohibition of using solariums by people under 18 years is declared constitutional. The Federal Constitutional Court decided, that the protection of minors against possibly carcinogenic UV-radiation is a good enough reason for its prohibition. The judges dismissed a complaint of a 17 years old teenager, her parents and a solarium operator. Since 2009 the use of solariums by minors is forbidden. Dermatologists praised the decision. (Az. 1 BvR 2007/10).
The judges emphasized that everybody can refer to the freedom of action protecting by the constitution who runs into a risk of health - particularly if nobody else is affected. The constitution also protects the individual freedom to decide about the appearance and leisure activities.
There are other rules for teenagers under 18 years old: In this case, the protection of minors against Self-endangerment and self-damage is a sufficient reason to restrict the freedom of action. The legislator could assume that UV-radiation might increase the risk of skin cancer, especially in the young population. The prohibition is necessary to reduce this risk.
Professor Uwe Reinhold, Professional Association of German Dermatologists (BVDD) was pleased to see the decision. “It is a good decision, a right decision”. In other countries like France and Spain young people must not go to the solariums. “Any adult can decide what to do and what to do not. But the skin of children and young people is not yet fully developed and it is very sensitive, so that UV-radiation is a dangerous risk for the development of skin cancer.”
The solarium operators responded in a calm manner. Norbert Schmid-Keiner, manager of the Federal Professional Association of Exposition to Sun refered to a survey which showed that there are only 5 percent of minors using the solarium before the prohibition. Nevertheless, the limitation on the freedom of parents and of the young people is not justified.
The possible danger may depend on the dosis. “If they go to a solarium and they do not know their skin type, that is dangerous. It is more appropriate to ensure that the consumers will get a correct advise.”
