The parents of a little boy They have denounced in the Court of First Instance and Instruction number five of the Valencian town of Paterna that their son received the coronavirus vaccine this past Monday at his educational center despite the fact that he had delivered the document with the non-authorization of his parents .
This is stated in an appearance in court, to which Europa Press has had access, where the parents denounce the center and the Department of Health “for having vaccinated his child under ten years of age with the vaccine against Covid-19 without your consent.” The court received the complaint this Monday afternoon, as confirmed by sources from the TSJCV.
As stated in the letter, the parents did not authorize their child to be vaccinated and the minor took the same Monday, the date on which he supposedly received the dose, the signed non-authorization to the school on paper.
The parents ask the school to return this non-authorization on paper, which they indicate that their child brought to the center with an entry stamp from the school and attach two emails, dated December 15 and January 13 where they inform the center that they do not consent to the child’s vaccination.
This same complaint document has been provided before the fourth section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) by a lawyer father of a minor schooled in this autonomy, who appealed in December the decision of the Generalitat to vaccinate against the coronavirus in schools.
the lawyer, Curro Nicolau, requested the very precautionary suspension of the order of the Valencian executive to obtain in 24 hours the authorization of the parents of children under twelve years of age to be vaccinated against coronavirus, arguing that it goes against various laws, such as Data Protection and the Minors’ Law.
The TSJCV rejected the very precautionary, which had also been requested by the association Free, understanding that the instruction of the Generalitat “is in accordance with the measures adopted in relation to the pandemic”, and points out that with them the fundamental rights of the appellant are not violated, nor does it imply any attack on the data protection law of the users. vaccinated, especially when vaccination “is voluntary”.
Now, before the convening of a plenary session of the room to deliberate on the precautionary measure, the lawyer reiterates in a letter that this procedure does not want to prosecute the effectiveness of the measure but if the Department of Education “has the competence to carry out vaccination in educational centers and if said vaccination strategy or criterion is safe for minors as it is carried out outside a health system” and if other rights such as privacy are protected.
In support of his argument, he provides the complaint before the Court of Paterna to demonstrate that “the vaccination criteria followed can lead to very problematic situations” like this one. “It can be said that it is a professional negligence or a case that is not common, but without a doubt the entire vaccination strategy designed in educational centers can lead to this and other circumstances that put the health of minors at risk, when it has been shown that the vaccination system in adults in health centers or specialized vaccination centers has had very positive results in management, minimizing any risk to minors, “he explains.