The CoE is in favor of expulsion from kindergartens and kindergartens, when parents refuse to vaccinate their children – The decision also "reflects" on the expected vaccine for COVID-19
The constitutional public obligation of the state to take care of public health allows children to be expelled from kindergartens and kindergartens when parents refuse to vaccinate them., judged it Council of State with a timely decision, in view of the expected vaccine for COVID-19, which pandemic deniers are likely to react.
This decision of the increased composition of the D Department of the Supreme Court of Cassation marks the positions of the court for a possible refusal of parents of primary school students, Gymnasiums and Lyceums, to vaccinate their children, in general but also with the expected coveted vaccine for him crown.
Municipality of Eastern Macedonia, who has even been hit by the pandemic, last December sent a reminder to the parents of the children of the Municipal Nursery and Kindergartens about the vaccination, noting that "They must complete the vaccination program for their children". In fact, in the last recommendation to the parents it was emphasized that the vaccination should be done, so that, "To ensure the prevention of children's public health at community level".
Despite the reminders, some parents did not comply. After that, City Council last January decided to expel four unvaccinated infants from an equal number of kindergartens. The deletion of minors was done as well "These parents did not comply with the repeated instructions of the kindergarten pediatrician and do not intend to start the vaccination program".
One of the four parents, whose daughter was expelled from kindergarten, appealed to the SC, requesting the cancellation of by 14.1.2020 decision of the municipal council, as unconstitutional and contrary to the European Convention on Human Rights (ΕΣΔΑ).
The parents claimed that their child "is punished», because he has not received any of the many vaccines and "She is treated differently from her peers and classmates, without reason, while its participation in social life in general is substantially limited, as the kindergarten is a point of socialization and development of the infants' personality and a burdensome measure is imposed on it, which is not necessary, since the child is healthy, there is no case of a pandemic and the other children enrolled in the daycare center have received the prescribed vaccines ".
Yet, claimed that "The vaccination may not be mandatory, but is only a recommended medical procedure ", much more in fact, when the competent directorate of the Ministry of Health, can not "To guarantee that the administration of a particular vaccine will not cause serious side effects to the vaccinated person" or even death.
They projected, that the abortion of their daughter, violates the constitutional principles of equality, proportionality, the rule of law, of free personality development, of participation in the social life of the country, as it violates the provisions of the ECHR, "On the free development of the personality, respect for the right to privacy and family life, freedom of thought and conscience and freedom of expression ".
State advisers report that the little girl in the health certificate signed by a pediatrician, in the words "fully vaccinated"Is written"NO»And it is noted that "Vaccination stopped for now". In the infant's health card he stated that it is "unvaccinated».
According to the opinion of the pediatrician, the little girl had to complete the fourth dose of pertussis vaccine, polyometer, pneumococcus, etc., while he has not received any dose of meningococcal vaccine, measles- mumps – red, chickenpox, hepatitis AD and rotavirus.
The SC (decision 2387/2020) rejected as unfounded all the allegations of the parents and considered legal the decision of the Municipality for expulsion of the minor from the kindergarten.
First of all, point out the State advisers, that "Taking care of public health is a constitutional obligation of the state, under which the State owes, inter alia to take the necessary measures to prevent the spread and control of communicable diseases, which pose a serious risk to public health ". In these measures "The vaccination of infants and children is also included, which is carried out for the purpose of health protection, collectively and individually, from diseases ».
Vaccination yes "Constitutes a serious intervention in the free development of the personality and in the private life of the individual and in particular in his physical and mental integrity, but it is constitutionally tolerated ", provided that provided by law, accepts the refusal in cases where it is contraindicated, etc..
It does not violate the constitutional principles and especially that of equality. On the contrary, "It would be contrary to the principle of equality for a person not to be vaccinated, claiming that he is not at personal risk, if he lives in a safe environment due to the fact that other people in his environment have been vaccinated ".
But neither, the parents claim that o vaccination, "Opposes serious religious, their philosophical or pedagogical beliefs ", ends the SC.
