Litigation between parents separated by differences of opinion regarding the vaccination of their children against Covid-19 are beginning to reach the courts. At the end of August, a judge from Pontevedra (Galicia) issued a ruling in which it allowed a divorced father to vaccinate his children against the mother’s will. Now a sentence from a Barcelona court, consulted by ABC, resolves a similar conflict that was not limited only to the vaccination of children but even affected the decision of perform a PCR test. In this case, the mother, to whom the justice has agreed, was in favor of vaccinating her 15 and 16-year-old children and also submitting them to the test.
In a resolution, dated July 28, 2021, andhe Court of First Instance number 51 of Barcelona, has agreed with the mother considering that what she defends is the most “beneficial” for the interests of minors.
The father was against the immunization of adolescents, he argued, because of “uncertainty” about the efficacy of the vaccine and the adverse effects it may have. However, the judge considers that the father “does not provide any motivated reason to object to the minors being visited by the person who has been their pediatrician, nor to that they follow the vaccination schedule set by the Department of Health in terms of scheduled vaccines».
With regard to the opposition to the Covid-19 vaccine, he believes that “the reasons for it are not argued either, beyond the information that the appellant seems to have collected through social networks or the Internet. in relation to possible future negative effects».
Also consider “A notorious fact” that the vaccine has been approved by the Spanish Agency for Medicines and Health Products (Aemps), which, as he adds, “allows us to assume that it has been prepared with the maximum guarantees of quality, safety and efficacy; So what the benefits of its administration outweigh the risks derived from it found to date».
In the resolution, The judge clarifies that “the function of the judicial bodies is not to decide for the parents, supplying their will, but to tip the balance in favor of the decision most favorable to the minor within those chosen by the parents.
Anna Boza, the mother’s lawyer, explains to this newspaper that «The main issue is to preserve the health of minors. When they grow up they will be able to do whatever they want, but now there is a parental responsibility towards them. And it is that when the little ones went to kindergarten, the lawyer points out, there were already “differences”between parents regarding their vaccination. In this case, that of the antidote against Covid-19, the parent did not even agree to carry out a PCR test on their children, which forced them to quarantine when they returned with the mother, since the regime is shared custody.
Regarding the ruling that gives the woman the reason, Boza points out that if any of the minors suffered a pathology, and this would have been documented “scientifically”, His immunization could have been prevented, but this is not the case. The father, opposed to administering the injection, only expressed “opinions that in no case can be imposed above the well-being and health of the minors,” he stresses.
With the intention of “Avoid constant discussion”, the mother decided to go to the courts, that now the empower to make the decision. Of course, Boza advances that his children will have the last word. Last April, Strasbourg already endorsed that population protection measures – the vaccine, in this case – prevail over individual rights, in this case, the criteria of the parents.