Every adult resident of our country has the right to refuse to vaccinate himself and his minor children. Why do some people decide not to get vaccinated, how is it legal to do it, and what difficulties they might face?
Causes
Most often, vaccinations are refused for medical reasons, when the child has a high risk of complications after the vaccine. Nevertheless, in recent years, the number of refusals not related to contraindications has been increasing. Many parents believe that vaccinations only worsen the baby's immunity, and the rather tight vaccination schedule for the first year of life is alarming and frightening for many. Especially when every now and then you hear about cases of post-vaccination complications.
Some parents do not see the need for vaccinations, since the diseases they are vaccinated against are very rare. Some parents oppose the toxic components of vaccines. Someone thinks that getting sick is better than being vaccinated, so the immunity will be more persistent. Breastfeeding mothers are confident that their milk protects the baby from infections. Read about whether a child should be vaccinated in our other article.
Do you have the right to be forced to get vaccinated?
Since vaccination in our country is voluntary, no one can force anyone to vaccinate their child. But, turning to the clinic for the sake of registration of a refusal to vaccinate, be prepared to defend your opinion, since it is beneficial for a medical institution that vaccinations are made, so you will be persuaded and persuaded not to issue a refusal form.
Legal basis for vaccination
Vaccinations are medical interventions, and the ability to refuse such interventions is provided for in Federal Law No. 323. Law No. 157 "On Immunoprophylaxis of Infectious Diseases" states that prophylactic vaccination of minors is carried out only with the consent of their parents. Law no.77 notes the same aspect with regard to TB care.
Who can write a waiver?
Federal Law 323 allows the refusal to vaccinate by:
- Adult citizens - when it comes to getting vaccinated for themselves;
- One of the parents, guardians or trustees, as well as adoptive parents - when it comes to vaccinating children under fifteen years of age (if a child has drug addiction - up to 16 years old);
- One of the guardians - if we are talking about persons who are recognized as legally incompetent.
What should I write on the refusal form?
A refusal must be issued in the name of the head of the medical institution in which the manipulation is carried out - usually the head physician of the maternity hospital or polyclinic. In many cases, health workers provide ready-made forms for those wishing to refuse vaccinations. However, there are times when the medical staff does not show understanding, so you should be prepared to write the document yourself. It is very important that the form is correct and correct. If there are controversial points in it, the document will have to be rewritten.
It is necessary to indicate in the application:
- All personal data of the applicant, including his residential address.
- Vaccination names that are being discarded.
- That this refusal is your deliberate decision.
- Links to laws permitting you to refuse immunization.
If the application applies to a child attending school or kindergarten, then the document must include a request to exempt him from any medical manipulations that do not require parental consent.
What documents are required?
An official vaccine refusal form was developed by the health authorities in 2009. Its registration number is 13846. Such a form informs parents about the preventive vaccination and allows them to agree with or refuse it. It should be offered with any vaccination, as vaccinations are only permitted after signing this form.
In addition to the specified form for refusal, you can use any other form that can be taken from a legal or medical resource. It will not be superfluous to take with you to the medical facility and all the laws that allow you to refuse vaccination in a printed form.
In order for your refusal to receive real force, it must have 3 signatures (immunologist, pediatrician and parent) and 2 seals. The document is drawn up in three or four copies, and one of them goes to kindergarten or school, and another one is taken for storage at home.
Difficulties in entering kindergarten and school
Although it is legal to refuse vaccination in our country, parents of children who enter children's educational institutions sometimes have to face difficulties. Remember that you can legally be denied admission to the institution only if there is a threat of an epidemic or a massive outbreak of infectious diseases. Such a refusal is only temporary, while quarantine is in force in the kindergarten or at the school.
What to do if vaccinated despite refusal?
Note that such cases are rare, but they can be. First of all, parents need to write a statement to the prosecutor's office, in which they ask to check the fact of illegal immunization of the child. A second copy of this statement is sent to the local health department. When vaccinating at school or in kindergarten, a third copy is also needed, which is given to the Department of Education.
With a properly executed refusal from vaccine prevention, the prosecutor's office will bring the perpetrators to justice (either disciplinary or administrative). If the illegal vaccination caused the parents to incur any costs, the medical facility will compensate for the damage. Compensation for moral damage can only be achieved on a voluntary basis or after a court decision.
In cases where the illegal vaccination has harmed the child's health (if the forensic medical examination has established the harm as severe or moderate) and the connection between the deterioration of health and the vaccination is proven, the doctor who performed the manipulation can be brought to criminal liability.
Tips
- When wanting to refuse vaccinations, it is important for you to know that all actions must be recorded in writing. No need to agree in words, everything should be written down on paper. You should not get into arguments, because the decision not to get vaccinated has already been made, so immediately make it clear to the medical staff that you are aware of the consequences.
- If you decide to enter kindergarten without vaccinations, you should not make a fictitious certificate. Its data is easy to verify, especially if the clinic and educational institution are located in the same area.
- If you want to refuse vaccination from the birth of your baby, take two completed refusal forms to the hospital, putting them with other documents that are required for childbirth.
- All complaints and statements must be made in 2 copies, and in order to control the response time and prove that the statement or complaint was, submit the document yourself, making sure that the incoming number and date are on the paper. You can also send the application by mail - this must be a certified letter, of which you will be notified.
- At the bottom of the complaint or statement, be sure to leave your signature, otherwise the document will not be considered, as it will be classified as anonymous.
