The case we are analyzing today is more common than it seems: divorced couple, children in common and one of the parties refuses to vaccinate the children.
A recent decision of the Provincial Court of Pontevedra has confirmed the first instance ruling of a court in Vigo that allowed the father to decide to vaccinate his two minor children, against the will of the mother, who to date had kept the children practically unvaccinated.
If you are involved in any conflict related to the custody of your children and the decision making regarding their health, education, etc., contact our family lawyers . The order (available here) was issued by way of voluntary jurisdiction following the request of the father of the children, divorced from the mother, for his children to follow the child vaccination program in force in Spain. The youngest of the children, aged seven, had never been vaccinated; the eldest, aged 11, had only been vaccinated twice.
Freedom to refuse to vaccinate children: where does it end?
The ruling recognizes that parents are free to decide whether or not to vaccinate their children, but it is important to know how to act in cases where parents do not agree.
To resolve the issue, the court turns to the World Health Organization (WHO), an institution that has assured on many occasions that vaccines are safe.
“It is much easier to suffer serious injury from a vaccine-preventable disease than from a vaccine,” the ruling states.
Therefore, the court concludes that vaccines not only do not cause harm, but also that their benefits “are undeniable at both the individual and population level.”
A novel decision through the voluntary jurisdiction route
The resolution, which was requested through voluntary jurisdiction, may set a precedent in the field of child vaccination disputes, a problem that is becoming more and more common. This is an important precedent considering that the anti-vaccine movement is getting stronger and stronger.
In addition to health, there are other areas where children can have problems for not having followed the corresponding vaccination schedules.
In this sense, the court, finally, that this type of positions can cause the denial of access to educational centers or sports institutions for minors for security reasons. As reported by the website Noticias Jurídicas, an example is a decision issued by the High Court of Justice of Catalonia, dated March 28, 2000, which annulled the enrollment of a minor in a kindergarten due to the refusal of the parents to vaccinate their child (judgment available here).
Also the High Court of Justice of La Rioja, in a decision of April 2, 2002 (available here), annulled the enrollment of a girl in a day care center for the same reason. Remember that if you are involved in any conflict related to the custody of your children and the making of decisions regarding their health, education, etc., you can contact our family lawyers .
