Recently, the Supreme Court of Ukraine made a clear and specific decision: children without all the calendar vaccinations cannot go to kindergartens and schools on a general basis. An unvaccinated child becomes a potential carrier of dangerous infections. This means that he violates the main constitutional right of all other children - the right to life and health. Children can be educated without vaccinations in alternative ways. Fortunately, due to quarantine, there are a lot of them now. Meanwhile, opponents of vaccination put forward their argument: how can the state impose vaccinations on children if it does not take responsibility for possible complications.
Immunization card (list of preventive vaccinationsthat were made to the child throughout life) is a mandatory document for enrollment in kindergarten or to school. If this card is not there, or not all vaccinations according to the vaccination calendar are affixed there, the management of the educational institution most often refuses to enroll. After that, there are two scenarios: either the mother "buys" a medical treatment from vaccinations, or she tries to prove that every child has the right to education. Sometimes it even comes to lawsuits. Which, however, are most often decided not in favor of their parents.
Balance of interests: a child without vaccinations endangers the children's team
Without vaccinations, a child can become a carrier of infections in the collective / istockphoto.com
The other day, the Supreme Court put an end to this issue and allowed the leadership of schools and kindergartens to remove unvaccinated children from visiting. After all, here, in the opinion of the department, there is a big conflict of interests. On the one hand, according to the Constitution, all citizens of our country have the right to education. On the other hand, every person has a basic constitutional right to life and health. And from this point of view "The individual mother's right to refuse to vaccinate her child is opposed to the collective interest of other parents and children who have vaccinated in accordance with the established procedure", according to the official website of the judiciary of Ukraine.
Simply put, a child without vaccinations jeopardizes the health of all other children in kindergarten or school. Indeed, many infectious diseases, vaccinations against which are in the vaccination calendar, are easily transmitted by airborne droplets (for example, measles, rubella, diphtheria, tuberculosis). Here it must be borne in mind that no vaccine is given one hundred percent protection against infection. There are times when a vaccinated child has not developed a sufficient immune response. Therefore, all classmates of an unvaccinated baby are at risk. Teachers are at risk separately: for example, not everyone remembers about revaccination from diphtheria, which adults are supposed to do every 10 years.
The smarter alternative: without vaccination, the child can learn remotely
Children without mandatory vaccinations will have to study from home / istockphoto.com
“This is very similar to the situation on the road. There is a person's right to move, and there is a ban on crossing the road at a red light. If a person violates the rules for the sake of his right, he will endanger many other people. "- writes on his website the educational ombudsman of Ukraine Serhiy Gorbachev. At the same time, the Ombudsman emphasizes: the state has no right to oblige parents to be vaccinated. And even go to a meeting if the child cannot be vaccinated for health reasons. Such children definitely need a conclusion from the attending physician. And the question of whether a child can attend an educational institution will be decided on an individual basis.
If parents categorically refuse to vaccinate a child without medical contraindications, no one blocks access to knowledge for the child. “In this case, the child can receive education on an individualized form of education, - writes Sergey Gorbachov. – The Education Act provides for many forms of alternative education. This can be external studies, family education, pedagogical patronage and distance education. " It is likely that this will not be very convenient for the parents. But from the point of view of the law, the child's right to education is fully respected here.
Stumbling block: parents are responsible for complications after vaccination
Responsibility for the health of the baby after vaccination falls on the shoulders of the parents / istockphoto.com
Experts say that from the point of view of the law, it is impossible to find fault with such a decision. In addition, during the year of quarantine, public and private schools have worked out so much remote teaching that parents of unvaccinated children will have no problems choosing an alternative system education. However, opponents of vaccination have another serious objection to this. Complications vaccinations are most often a problem for parents.
“The state is driving me into a corner, - says the mother of four-year-old Nikita Marina Demchenko. – In order for my child to go to school, he needs vaccinations. If earlier it was possible to "put down" them at the doctor, now the data on all vaccines that the child received is entered into the electronic database. It will not work to agree with the pediatrician. Either get vaccinated or study online. On the other hand, there is something that discourages any desire to get vaccinated. I know of several cases when the vaccine caused dangerous complications in children, up to and including disability. It is impossible to prove the guilt of the state, and even more so, to receive compensation from it in such a situation. No doctor of his own free will will link the problem with the vaccination, and will not give you a paper on the basis of which you can go to court. "
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