Ukraine’s Supreme Court banned child without the required vaccinations to attend preschool. This is stated in the decision of 17 April 2019.
The verdict States that the individual interest of the mother who chose to refuse vaccinations, cannot be above the General interests of other parents and their children who are at risk of infection from the child.
Doctor of law Iryna senyuta told the Newspaper what this means in practice.
The theme of vaccination was repeatedly exposed to the court, including the European court of human rights. In Ukraine this issue is due?? unclear legal nature of the vaccination. On the one hand to undergo preventive medical examinations and vaccinations – it is an obligation. It is provided by article 10 of the law of Ukraine “fundamentals of legislation of Ukraine on health care”. The other – the right. Indeed, in article 284 of the Civil code of Ukraine stipulates the right to medical care, part of which is vaccination.
In Ukraine adopted two decisions by the Supreme Court in 2018-2019 vaccination. In disputed matters the courts of various instances take into account the decision contained in the rulings of the Supreme Court. Next time when cases in the field of vaccination, I will consider its findings.
In article 9 of the Law of Ukraine “On preschool education” stipulates that citizens of Ukraine, regardless of including health status, have an equal right to receive preschool education in kindergartens, as well as in the family.
Preschool education is a necessary component of system of continuous education in Ukraine. It is stipulated by the law of Ukraine “On preschool education”. The child cannot be refused admission to the garden for lack of vaccinations. However, the right of the child to attending school in some cases may be limited.
According to the law “On protection of population from infectious diseases”, children who have not received prophylactic vaccinations in accordance with the calendar of vaccinations, visits to children’s institutions is not allowed. It is a visit, not enrollment in preschool. If preventive vaccinations for children held in violation of deadlines in connection with a medical condition and, if successful epidemic situation by decision of the Council of the relevant doctors, they can be taken in institutions to visit it.
Children who have not received prophylactic vaccinations, visits to children’s institutions is not allowed. It is a visit, not enrollment.
Question about visiting the garden unvaccinated children solved the medical Advisory Committee. With visits to schools, the procedure is the same, but with the involvement of an epidemiologist. The Supreme Court says in ruling on the unfavorable epidemic situation. This is when the level of human disease infectious diseases exceed the average long-term performance. Recorded outbreaks of infectious diseases. This epidemic needs to be confirmed by the joint order of the Department of health regional state administration and regional laboratory center of the Ministry of health of Ukraine.
Vaccinations must be conducted by medical professionals with appropriate qualifications and permission, after a medical examination of the child. There must be parental consent.
The Supreme Court decision of 17.04.2019 g.. Set the validity of a particular preschool. Parents in such situations must submit a separate document – the medical report of the medical Advisory Committee.Please carefully follow the regulatory procedures parents are responsible to society for children. And educational institutions, the competence of which belongs the right to restrict the right of a temporary ban by visiting the child’s school.