Vaccination remains mandatory for all children, except for those who have argued and documented medical contraindications. The Constitutional Court on October 30 passed such a judgment based on an application filed by Socialist MP Vladimir Odnostalko, IPN reports.
The MP challenged the admission of children to communities and education and recreational institutions based on the condition of systematic vaccination. According to him, these provisions limit, among others, the access to education of children.
Aliona Serbulenko, secretary of state at the Ministry of Health, Labor and Social Protection, said the Ministry she represents considers the challenged norm is constitutional. “We believe the vaccination of the population is one of the essential intervention measures of maximum efficiency assumed by the state. Immunization perverts mortality and morbidity,” stated the secretary of state.
In a speech, Maia Bănărescu, people’s ombudswoman for children’s rights, said she supports the efforts made by the state to ensure public health, but these should obey the human rights. These measures should ensure a balance. The right to education can be encroached upon only in particular situations specified by law, but for a short period of time, and the state should suggest alternative solutions for children who do not attend school in the period.
The Court noted the refusal to have a child without contraindications vaccinated entails not only non-admission to communities and education and recreational institutions, but also the risk of infection that has negative effects on other rights of this as well.
The Constitutional Court held that the restriction on the admission to communities and education and recreational institutions imposed on children who weren’t vaccinated, but can be vaccinated is not a very drastic measure in relation to the right to education and the right to respect for private life. The children of parents who do not want these to be vaccinated in the absence of contraindications have alternative learning methods at their disposal.
The claims of parents who want their non-vaccinated children who can be vaccinated to be able to take part in the social life of the community have an important weight, but this is not more important that the protection of health of innocent persons.
