Friday , March 29 2024

Council of State:- Vaccines are mandatory for students!

Council of State: Vaccines are mandatory for students.

The constitutional obligation of the state to take care of public health allows children to be expelled from kindergartens and nurseries when their parents refuse to vaccinate them, the Council of State ruled in a timely decision. In view of the expected vaccination for COVID-19, which pandemic deniers are likely to react to if vaccination is mandatory.

 

This decision of the increased composition of the Fourth Division of the Supreme Court of Cassation marks the positions of the court for a possible refusal of parents of primary, secondary and high school students to vaccinate their children, in general, but also with the expected coveted vaccine.

The municipality of Eastern Macedonia, which has even been affected by the pandemic, last December sent a reminder to the parents of the children of the Municipal kindergartens and nurseries about the vaccination, pointing out that “they have to 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, in order to “ensure the prevention of the public health of the children at the community level”.

 

Despite the reminders, some parents did not comply. Following this, the Municipal Council last January decided to expel four unvaccinated infants from an equal number of kindergartens. The deletion of the minors took place as “their parents did not comply with the repeated instructions of the pediatrician of the kindergartens and did not intend to start the vaccination program”.

One of the four parents, whose daughter was expelled from the kindergarten, appealed to the Council of State, requesting the annulment of the decision of the municipal council dated 14.1.2020, as unconstitutional and contrary to the European Convention on Human Rights (ECHR).

 

The parents claimed that their child was “punished” for not receiving one of the many vaccines and that she was treated differently by her peers and classmates, for no apparent reason, while her participation in social life in general was substantially limited, as 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 pandemic and the other children enrolled in the kindergarten have received the prescribed vaccines “.

 

They also claimed that “vaccination can not be mandatory, but only a recommended medical procedure”, especially when the competent directorate of the Ministry of Health can not guarantee that the administration of a certain vaccine will not cause serious side effects in the vaccinated ”or even death.

 

They alleged that the abortion of their daughter violated the constitutional principles of equality, proportionality, the rule of law, the free development of the personality, participation in the social life of the country, as well as the provisions of the ECHR, “on the free development of the right to respect for private and family life, freedom of thought and conscience and freedom of expression “.

The State advisers state that the little girl in the health certificate signed by a pediatrician, in the indication “fully vaccinated” is written “NO” and it is noted that “at the moment the vaccination has stopped”. On the infant’s health card, he stated that she was “unvaccinated”.

 

According to the pediatrician, the little girl had to complete the fourth dose of pertussis vaccines for pertussis, polymetidae, pneumococcus, etc., while she has not received any dose of the meningococcal, measles-mumps-rubella, rubella, and rubella vaccines rotavirus.

 

The Council of State(decision 2387/2020) rejected as unfounded all the allegations of the parents and considered legal the decision of the Municipality to expel the minor from the kindergarten.

 

First of all, the State advisers point out that “the care for public health is a constitutional obligation of the state, in the framework of which the State must, among other things, take the necessary measures to prevent the spread and fight against communicable diseases. which pose a serious risk to public health “. These measures “include the vaccination of infants and children, which is carried out with the aim of protecting health, collectively and individually, from diseases.”

Vaccination “does constitute a serious interference with the free development of the personality and the private life of the individual and in particular with his physical and mental integrity, but it is constitutionally tolerated”, provided that it is provided by law, it is rejected in cases where 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, arguing that he is not at personal risk, as long as he lives in a safe environment due to the fact that other persons in his environment have been vaccinated.”

 

Nor do parents claim that vaccination “opposes their serious religious, philosophical or pedagogical beliefs,” the Council of State concludes.

For the full story in Greek click on source linkhttps://www.imerazante.gr

About Louise Inzk

Louise is Australian born and has been a Greek citizen since 1991. She has deep cultural ties with the island, often writing about Zakynthian Traditions and Culture. She is also an active member of the Volunteer Group of Zakynthos, Giostra Di Zante and is a member of the women's choir "Rodambelos". Her love of the island and all it offers saw her joining the Zakynthos (Zante) Informer admin team in 2014.

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