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Moldovan top court rules that admission to education institutions remains conditioned by vaccination

15:04 | 30.10.2018 Category: Social

Chisinau, 30 October /MOLDPRES/ - The Constitutional Court (CCM) today ruled that children’s vaccination remained compulsory in the case of children who do not have reasoned and documented medical contraindications.  

The top court today considered a notification submitted to an MP of the Party of Socialists (PSRM), Vladimir Odnostalco, who demanded the control of the constitutionality of the Article 52, paragraph 6 of the Law No 10 from 3 February 2009 on the state supervision of the public health and the item 21 from the national programme of immunizations for 2016-2020, approved under the Government Decision No 1113 from 2016. The contested provisions see that the allowing of children to collectives and education and leisure institutions is conditioned by the fact of their systematic prophylactic vaccination. The author of the notification said that these stipulations were limiting children’s access to education.  

After considering the notification, the magistrates stressed that the refusal to vaccinate a child, concerning whom there are no contraindications in this respect, does not entail only the legal ban of allowing him/her access to collectives and education and leisure institutions, but also the risk of his/her falling sick. The affecting of child’s health brings negative effects also as to his/her other rights.

According to CCM, the children of the parents who do not want the former be vaccinated, although there are no contraindications in this respect, have at their disposal alternative ways of studying. Also, as to the leisure of the children, whose parents do not want them to be vaccinated, although there are no contraindications in this respect, the exercising of the private social life does not represent a central aspect of their right to the observance of the private life.   

The claims of the parents who want their unvaccinated children and who can be vaccinated, to participate in the social life of the community, by allowing them to collectives and to education and leisure institutions, have an important share, yet, which does not exceed the share of protection of the health of innocent persons.

The Court noted that the differentiated treatment of vaccinated children, in comparison with the unvaccinated children, but who can be vaccinated, from the viewpoint of their allowing to collectives and to education and leisure institutions is, from this point of view, objectively and reasonably justified.  

The Constitutional Court’s ruling is final, cannot be subjected to any appeal and will be published in Moldova’s Official Journal (Monitorul Oficial).   

(Reporter A. Zara, editor M. Jantovan)

 

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