Recently, more and more parents have appeared asking themselves questions about: whether to vaccinate their child, how dangerous vaccination is and what the consequences of vaccination are, and at the same time how dangerous or safe to refuse. of immunizations for the child. To understand these issues, as well as decide whether to vaccinate their baby, each parent is free to do so. In this article, we will not consider the medical aspect of this issue.
This article is intended to help parents who have made an informed decision for themselves not to vaccinate their children and worry about legal aspects of the question here
In the modern legal system There is an adequate mechanism in Russia that protects the interests of parents who have made a conscious decision to refuse vaccination, and their children. However, despite all these mechanisms, it is no secret that many parents, when sending their child to kindergarten or school, often face a problem when the medical worker is the educational institutions of the children presented of complete disability in the legal issue of vaccination, thereby expanding the child's right to education, as well as the right to voluntarily receive medical care or its abandonment. Often, medical personnel, who use the act of psychological pressure, illegally force parents who are being bullied by their children under threat to prevent the child from entering the nursery. educational institutions.
For example, at a polyclinic, a pediatrician claims that a child's vaccination against polio, measles, rubella, diphtheria and other infections is mandatory. But you have to understand that doctors are motivated enough to pay you for it, talk to them about some plan, the so-called "vaccination range". Vaccination of children earns income for doctors in the form of a bonus salary.
Therefore, more children receive subcutaneous injections, which, in their words, are "mandatory", the "better" the doctor did in their work. And the pre-kindergarten commission had a reason to force the mother to agree to the vaccination, threatening that it would be impossible to allow an underprivileged student to visit the group. According to them, he could bring an advantage to the whole team, which is, of course, a complete lie. The final conclusion in the medical record is always made by the head of the children's polyclinic. But he also has no right to bar a child from entering kindergarten without vaccination.
However, all of these abuses are aimed at parents who are unaware of their immunization prevention rights. In the event a parent demonstrates legal knowledge of reading and appeals to legal standards, doctors withdraw, unable to object to something in response to rejection of returns.
Vaccine Rejection Law
Let us try to understand these standards, our rights and the responsibilities of those who violate our rights. The first and most important standard of the current law should be defined as obtained in paragraph 7 of part 1 of article 5 "Rights and obligations of citizens to implement change" of Law No. 157-FZ "On vaccination of infectious diseases", according to which citizens in the implementation of vaccination have the right to receive immunizations ... It is important to note that if the vaccine is discovered, you can accept to enter -education, only temporarily and in the event of a massive infectious disease or when there is a threat of epidemics (paragraph 2, part 2 of article 5 of the law "On vaccination of infectious diseases"). By the way, the Chief Sanitary Doctor declared the epidemic in our country by his hand, not honey. nurses of a kindergarten, so if you are told we “discovered you because we have an“ epidemic ”, ask for the decision of the Chief Sanitary Doctor in declaring an epidemiological situation.
As an amendment, the law extends to the voluntary provisions of each medical intervention (and vaccination is also a medical intervention), as well as to a citizen's right to refuse such intervention. Name, in accordance with Part 1 and Part 3 of Article 20 of Law No. 323-FZ "On Citizens' Health Protection", a necessary prerequisite for medical intervention is the provision of voluntary information adopted by a citizen or his or her legal representative of medical intervention based on a complete information about for purposes, the provision of medical care, related risks, possible actions for medical intervention, its consequences, as well as the expected results of medical care. A citizen, one of the parents or another legal representative of a person has the right to accept the medical intervention or demand its termination.
That is, based on these standards the child's parent has the right to refuse further immunization, while writing a written denial of change, both when passing the medical commission to a kindergarten or school, and a child's process visiting a kindergarten or school in the next stage. At the same time, there is no honey. the employee has no right to request further certificates or documents from you, and in particular to request other modifications. These actions are against the law, thus resulting in the legal responsibility of the person making the illegal decision.
Optionally, it is important to note that a decision to refuse to admit a child to an educational institution (kindergarten or school) will only be made in writing: in the form of a denial (order or decision) for newly admitted children , as well as in the form of an order removing a child from entering kindergarten or school for children attending an educational institution.
This order or other administrative document can only be signed officially, that is, the head of kindergarten or the director of the school. For example, no honey. a nurse or doctor has no right to decide, because they are not official. As a result, such a mandate must contain a legal basis, similar to the standards of the law, in accordance with which the child is not included in attending an educational institution or is not allowed to attend (for new admissions child). By the way, such standards simply do not exist in relation to this situation. An order signed by an officer may appeal to judicial use or by submitting a complaint to the Prosecutor's Office.
