Human dignity does not include free public toilets

OVG Münster: City Essen does not have to take into account urinary urgency
"Humans" times, urinating does not have to be made possible in public toilets. Even if a citizen suffers from morbid urgency and municipalities do not provide public toilets, so does not suffer the protected in the Basic Law human dignity, the Higher Administrative Court (OVG) North Rhine-Westphalia decided in a decision announced Wednesday, 27 December 2017 (Az 15 E 830/17 and 15 E 831/17). In a specific case, the Münster judges rejected the legal aid application of a man from Essen.

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He wanted to oblige the city of Essen to set up public, public toilets in public areas in the city. Transiently, Dixi-Klos could also be used. He justified his toilet request with his morbid urge to urinate.

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

The OVG rejected them by order of 14 December 2017. There is no legislation that could oblige the city to set up public toilets. Neither see the municipal code of North Rhine-Westphalia such a claim before, nor did the fundamental right to human dignity include the establishment of public toilets.

On the contrary, the applicant would have other possibilities to meet his health restrictions in order to be able to stay in public, according to the OVG. The free use of existing toilets, the Essene could not ask. The state does not have to provide "individually attributable services of general interest" for free. fle