The fact that in the last period the number of children suffering from infectious diseases (measles) against which mandatory immunization is prescribed has increased, it may be a sign that it is necessary to undertake additional activities in order to preserve the health of children and the population in accordance with the regulations.
Among other things, they told "Vijesta" from the institution of the Protector of Human Rights and Freedoms, when asked how they comment on the proposals of the Institute for Public Health (IJZ) to limit the stay of unvaccinated children in kindergartens and schools due to the smallpox epidemic in several Montenegrin municipalities. IJZ proposed changes to the Law on the Protection of the Population from Infectious Diseases and the introduction of temporary measures through an order in municipalities where a smallpox epidemic has been reported.
Due to the decline in the coverage of children vaccinated against smallpox, some countries in the surrounding area have passed more restrictive laws, after the judgment of the International Court in Strasbourg decided that states have the right to fine parents who do not vaccinate their children and to deny them access to kindergartens.
In Montenegro, from April until today, 25 measles patients were registered, and the epidemic was reported in Podgorica, Budva, and Rožaje. Vaccination against measles and nine other diseases is mandatory according to the Law on the Protection of the Population from Infectious Diseases, but parents who refuse immunization are sanctioned as a misdemeanor, mostly with minimum fines of 100 euros.
They were not in favor of double punishment
The Institution of the Protector of Human Rights and Freedoms told "Vijesti" that at the end of 2016, they gave their opinion on the draft law on the protection of the population from infectious diseases, which at the time stipulated vaccination as a mandatory condition for attending kindergarten and school. Then, they claim, they emphasized the importance of the child's right to health.
"In his opinion, the Protector also stated that, in order to achieve the effective goals of the immunization program, effective communication should be established with the parents of children regarding issues related to vaccines and their safety, raising the level of awareness in the general population about the risks posed by vaccine-preventable diseases, and supporting a better understanding of the importance of collective immunity for society as a whole", they said.
The Ombudsperson institution recalls that at the time they were of the opinion that it was not good to condition the stay of children in educational institutions with mandatory vaccination, because the current legal solution already provides for penalties for non-fulfilment of the obligation, and otherwise it would be a case of double sanctioning of children/parents on the same basis.
"We note that the right to education, as well as the right to health, are guaranteed rights of children. At this moment, education and upbringing are not conditioned by vaccination. Please note that basic education is compulsory and free of charge in accordance with the Constitution, in contrast to pre-school education, which is recommended but not compulsory", said the institution he manages. Siniša Bjeković.
They emphasized that the question of vaccinating children in terms of protecting their health is a professional, i.e. medical issue, and therefore they will not engage in an examination of its expediency from that aspect.
"However, among the professional and scientific public, the importance of vaccines for the health of the world population is indisputable, and that they represent one of the greatest achievements of medicine," they said.
The Protector also reminds that, in accordance with the provisions of the Family Law, it is stipulated that parental care includes the responsibilities, duties and rights of the parents, for the purpose of protecting and improving the personal and property rights and well-being of the child, and includes custody, upbringing, upbringing, education, representation, maintenance, as and management and disposal of the child's property.
"Also, that they are obliged to provide parental care in the best interest of the child, in accordance with his developmental needs and capabilities, and that they have the right to receive all notifications about the child from educational and health institutions."
Additionally educate pediatricians
The Protector believes that with such an important topic, such as the protection of children's health, and with the existence of certain doubts among parents/guardians and unreliable information, the health system should encourage and organize expert discussions, educational and promotional campaigns and other forms of strengthening public awareness, on medical and scientific grounds - with the participation of the most eminent experts for providing complete and clear information in this area and pointing out the practice of other countries in Europe.
"We are also of the opinion that for this purpose it is necessary to additionally educate health workers who work with children (pediatricians), because it happened that parents/guardians turned to the Protector pointing out that they did not receive adequate information from pediatricians about vaccines, possible side effects and other issues in in connection with that, as well as possible reasons for postponing immunization, depending on the psychophysical development of the child", the Ombudsman institution states.
They also said that they are observing the efforts of competent institutions to point out the importance of vaccination and the consequences that the epidemic can cause, both in the general population, and especially in the risk categories of children who cannot receive the vaccine for objective reasons.
The International Court ruled in favor of health
Vaccination as a condition for enrollment in kindergartens or schools exists in numerous European countries - Germany, France, Italy, Slovenia, and neighboring Serbia and Croatia have also adopted laws in this direction.
"When it comes to the comparative practice of restricting education to unvaccinated children, the Protector is aware that some countries in the surrounding area, due to the decline in the coverage of compulsory immunization, have changed their legal regulations, so the Republic of Croatia makes attendance at kindergartens conditional on vaccination, the Republic of Serbia makes attendance at preschools conditional and school institutions, as well as institutions for housing children without parental care. Also, the Protector reminded that the highest immunization coverage is in countries that do not even have mandatory but recommended vaccination," said the Ombudsman institution.
They recall the practice of the European Court of Human Rights in Strasbourg, whose panel in the case of Vavrička and others v. Republic of Češća made a decision that the state has the right to fine parents and deny access to pre-school education to children who have not been vaccinated, and that the right to respect for private life is not thereby violated and family life (Article 8 of the Convention).
The court decided on six petitions submitted by a parent and children who were not vaccinated because the parent was fined, and the children were denied access to preschool precisely because the parents refused to vaccinate them. The verdict was passed by a majority of votes, and as it was passed by the Grand Chamber, there is no possibility of appeal.
"Also, in the aforementioned judgment in paragraph 124, the part that refers to the Republic of Serbia and the decision of the Constitutional Court of Serbia, the following is stated: ... Due to the claim that compared to vaccinated children, those who remained unvaccinated were discriminated against, because they were denied the constitutionally guaranteed right to education , the court found that the attendance of children in educational institutions is conditioned by their vaccination cannot be interpreted as relevant in the constitutional sense for any form of discrimination regarding the right to education. This is because all children in certain age groups have been vaccinated, unless contraindicated for health reasons. As this duty applied equally to all members of a given group, those who did not respect it cannot be considered discriminated against those who did, because they were not in the same or a similar situation", concluded the institution of the Protector.
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