The state seeks to make vaccination mandatory! What has been the result of legislative changes in some countries?

Hello everyone! Today I wanted to discuss, how the refusal to vaccinate children may be related to the deprivation of parental rights. And that's why. Recently, there are many reports, that parents are deprived of parental rights due to the refusal of vaccinations. Also recently I wrote a post about a conversation with my daughter's pediatrician. My question was, do they report to CPS about the failure to vaccinate, she said no. The main thing parents need to write a written waiver from vaccinations. So where is the truth? First, I decided to study the current legislation on child vaccination. What I found out. The Federal law "on immunoprophylaxis of infectious diseases" was adopted by the state Duma of Russia on July 17, 1998 and approved by the Federation Council on September 4, 1998. The latest changes were made on December 31, 2014. A link to the law: https://www.baby.ru/blogs/post/360605631-24514450/

This law regulates the basics in the field of immunoprophylaxis of complex infectious diseases, and the legislative provisions control the well-being of Russian citizens. The law consists of 6 chapters and 23 articles. In Russia there is a list of mandatory preventive free vaccinations against the following diseases:

Hepatitis B:
Tuberculosis;
Polio;
Diphtheria;
Measles;
Pertussis;
Tetanus;
Rubella;
Haemophilus influenzae pneumococcal infection;
Influenza.

In Russia, the Federal law № 157"on immunoprophylaxis of infectious diseases." It States that every citizen of the Russian Federation may refuse to vaccinate children. Parents will be able to make decisions for their children until they reach the age of 15. However, the same law States that the absence of preventive vaccinations will entail:

1. Refusal (temporary) of admission to health facilities, if there is a risk of mass epidemics or infectious diseases.
2. Ban on travel to certain States (if staying in such States requires the presence of a citizen of specific preventive vaccinations).
3. Refusal (temporary) of admission to educational institutions in case of epidemics or in case of their threat.

I have heard many cases, where parents were denied admission to kindergarten due to lack of vaccinations. Neither the head of the kindergarten, nor the head of the school, nor the head of the club have the right to refuse to accept the child in the group. Moreover, by their refusal they violate a number of laws and even the Constitution, because their actions restrict the right to education. After the end of the epidemic, the baby will be able to go into the garden. Criminalize the rejection of vaccines (preventive) is not available today! But vaccination without the consent of the patient or his legal representative for medical intervention can lead to administrative or even criminal liability.

To opt out of vaccinations (the list is above), parents should write a written waiver in duplicate. There are situations in which the law allows medical intervention without consent. This:

• the need for intervention on emergency indications in order to eliminate the threat to life. For example, in accidents, strokes, heart attacks and other situations.

• In respect of persons who suffer from diseases dangerous to others. The decision is made by the doctors ' consultation or by the doctor himself. The decision shall be recorded in the medical records.

Doctors have no right to force vaccination. Doctors often say, they'll report it to the CPS, but it's a bluff. But this does not swing those cases, when the doctor fell and he specifically writes a complaint against the family in CPS.

Conclusions on the current legislation:

1.Administrative responsibility for the rejection of vaccinations has not yet been introduced. But at the moment it is actively discussed, expert opinions from sanitary services and medical institutions arrive.

2.Refusal to vaccinate is your legal right, associated with the right to immunity proclaimed at the level of the Constitution.

3.The question of who is responsible for the health of the child as a result of vaccine refusal, so far we have left open. It is for this reason that doctors often require to indicate the responsibility of the legal representative.

4.A doctor who has vaccinated without consent may be prosecuted under various articles of administrative and criminal law.

5.Failure to vaccinate is always done in written form, you need at least 2 copies.

And now a little bit about what changes want to introduce into this legislation. There is a proposal - to return to the practice adopted in the USSR, when a child, not vaccinated by decision of parents, was not allowed in pre-school institutions. Experts say, that the main problem is that according to the law, parents who refused vaccination, are not responsible for the child, so when writing a written refusal to vaccinate doctors often forced to add this phrase on their own, which is also illegal. Thus, the next proposal is to introduce into law the norm of prosecution of parents, who have signed the refusal to vaccinate their child.

he Union of pediatricians of Russia considers it expedient to introduce liability for parents, who refuse to vaccinate their children. In the case of illness of a child, who has not been vaccinated, the state will not pay for his treatment, as well as make payments for temporary incapacity to care for the sick minor. At the moment, this initiative has many opponents, because it deprives a person of the right to free medical care. The creators of this initiative are being relegated to the Australian experience. The decision of the Australian Parliament came into force on 1 January 2016. Those parents, who do not vaccinate their children, are deprived of state subsidies and payments for children. On average, a family with children in Australia will lose up to 15 thousand Australian dollars a year in case of failure to vaccinate, - the Australian parliamentarians calculated. According to media reports, this led to the fact that in 2016 200 000 more children were vaccinated than in the previous year. http://www.wday.ru/deti/vospitanie-detei/berem-primer-v-avstralii-za-otkaz-ot-privivok-lishayut-posobiy/

The good news is that while nobody speaks about what must be deprived of parental rights due to failure to vaccinate, such for example as in Romania. Prime Minister of Romania Mihai Tudose in 2017 criticized the refusal of parents to vaccinate children, in his opinion, we can talk about deprivation of rights. When asked whether any measures would be taken against such parents, Tudose replied, that laws on social assistance and child protection were being studied. A legal framework is required. While this law is not adopted, but the Romanian Senate approved a bill according to which vaccination in the country will be mandatory, and parents who refuse to vaccinate their children will be fined. http://newsmaker.md/rus/novosti/senat-rumynii-prinyal-zakon-ob-obyazatelnoy-vaktsinatsii-naseleniya-34253

Purpose of my post is not to promote vaccinations or support those, who refuse to vaccinate. I want parents to be savvy in this matter from the point of view of the law and know their rights, so that doctors could not intimidate them. To prevent the refusal of vaccination from causing a complaint to the CPS due to the lack of a written refusal. Just so you know, your child may not be enrolled in kindergarten or school for this reason. I know, that not everything goes according to the law, but if your rights are violated - fight and defend them! Thank you very much for read my post until the end! I hope, it will be useful and informative for you!

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Images source:
https://antivakcina.org/roditelej-predlagayut-privlekat-k-otvetstvennosti-za-otkaz-ot-privivok/
https://versatile1.wordpress.com/2010/01/16/january-underground-youtube-wallpaper-winner/
https://news.sputnik.ru/obschestvo/6b00a22e3f3030f9fc8a74690356f28eae5e6a1b

Links:
https://www.vesti.ru/doc.html?id=2933743