Code orange: the return of the mask
Belgium has moved to code orange. The rise in the number of flu cases, although usual in winter, is said to be the cause. One of the consequences of this decision is the return of the mask in various places, such as schools and hospitals.
But is this measure really legal? And above all, is it useful? BAM Detox investigated.
Schools
On Thursday 16 January 2025, the Fédération Wallonie-Bruxelles sent schools a circular concerning the move to “code orange” for respiratory infections[1]. On 9 January, the Risk Assessment Group (RAG) decided to raise the alert level for this type of infection, on the basis of epidemiological data provided by Sciensano and Respi-Radar.
In the letter sent to schools, the ministry sets out a series of recommendations for staff, pupils, parents and anyone required to visit school buildings.
For the time being, mask-wearing remains limited to so-called vulnerable people (pregnant women, people over 65, people with immune disorders, etc.).
However, the circular specifies that “adjustments could be considered” in the event of an “epidemiological development” requiring “a move to a higher alert level”.
Hospitals
In a press release, the FPS Health states: “In hospitals, it is recommended to wear it during any contact with patients.”[2].
Wearing a mask is therefore not compulsory for the time being, merely recommended. However, some hospitals are applying this recommendation with great zeal, going as far as making mask-wearing compulsory…
Wearing a mask is an offence
Article 563bis of the Belgian Criminal Code prohibits masking or concealing one’s face in places accessible to the public, except for exceptions provided for by law. One of the exceptions to Article 563bis could therefore be the activation of the Pandemic Law, which must be confirmed by Parliament within 15 days. However, according to our information, this law has not been activated.
Another exception could apply through the work regulations adopted by hospitals or organisations. These regulations must, however, explicitly provide for the situations in which concealing the face is necessary. Moreover, they only apply to employees subject to these regulations, excluding visitors, patients or pupils.
The government guilty of “provocation”
Under Belgian criminal law, inciting someone to commit a criminal offence is classified as provocation. Depending on the degree of participation, it can be equated with complicity or with public provocation.
By recommending mask-wearing without any legal basis, the authorities are indeed inciting people to commit a criminal offence. The FPS Health’s recommendation is therefore itself an offence, since it incites a practice that violates Article 563bis of the Criminal Code.
The government is bound to respect the Constitution and the law. If it acts outside the legal framework, its acts can be annulled by the Council of State or struck down by the Constitutional Court. It remains to be seen whether, at this stage, a person or organisation will decide to take the matter before the competent courts…
Lack of transparency
Transparent and consistent communication by the authorities is essential to avoid confusion and exasperation among the population. At present, several grey areas remain, notably concerning the composition and practices of expert groups such as the Risk Assessment Group (RAG) or the Risk Management Group (RMG). These committees play a key role in health decision-making, but their members are not publicly identified. This opacity makes it impossible to guarantee the absence of potential conflicts of interest.
The real question: is it useful?
At BAM!, we are rather opposed to any form of arbitrary obligation or prohibition (as Article 563bis of the Criminal Code also is). What matters to us is knowing whether these measures make sense… and whether citizens and decision-makers are properly informed.
The debate on mask-wearing is not new and divided the population for more than a year. One cannot but note that the mask did not prevent the second wave, which appeared shortly after mask-wearing was imposed across the board, including outdoors… The countries that did not opt for this measure, such as the Netherlands or Sweden, did not regret it.
Studies show that mask-wearing in general, even in hospitals, is of little use except to protect those around patients, and healthcare staff, in the case of patients suffering from conditions such as pneumonia or whooping cough.
Worse, mask-wearing is harmful. A recent study published in Frontiers in Public Health (The bacterial burden of worn face masks—observational research and literature review) explores in detail the ineffectiveness of masks in preventing the transmission of respiratory viruses. This publication highlights several flaws in the widespread use of masks, notably:
- A low capacity to filter viral particles.
- Misuse by the general public, reducing their theoretical effectiveness.
- Negative effects on respiratory health, such as increased skin irritation and breathing difficulties.
Other studies have also suggested that the psychological impact of prolonged mask-wearing, combined with its lack of effectiveness, could have negative consequences for society.
Below you will find a series of other studies that also demonstrate the ineffectiveness and toxicity of the mask:
Studies on the ineffectiveness and harms of the mask
And a BAM article on the subject:
Et si vous découvriez que même le masque de votre chirurgien ne vous protège pas des infections ? (in French)
A prelude to code red?
For communication reasons, is the government trying to show that it is acting in every situation, including a simple flu epidemic, even if it means taking absurd, harmful and unconstitutional decisions?
Are hospitals engaging in one-upmanship designed to reassure their customers?
Has the mask become a tool for promoting vaccines, designed to fuel fear and encourage uptake at the opportune moment?
Is this the prelude to a move to code red or to a new crisis?
Only time will tell, but the authorities must bear in mind that while a majority of the population does not necessarily think the government has bad intentions, most now acknowledge that the management of the COVID crisis was a human, civic, legal, political, health, economic and social disaster... The state of stupefaction of 2020 will therefore not be so easy to reproduce in 2025.
BAM Detox
[1] Circulaire 9411 du 16/01/2025 Mise en œuvre des mesures de précaution liées au passage en code orange pour les infections
[2] COMMUNIQUE DE PRESSE du RISK MANAGEMENT GROUP- Le niveau d’alerte pour les infections respiratoires monte en code orange | SPF Santé publique