Do you have the right to force you to immunize?

Since vaccination in our country is voluntary, no one can force anyone to inoculate him with a child. But, contacting the clinic for registration of refusal of vaccinations, be prepared to defend their opinion, because the medical institution is beneficial that vaccinations were made, so you will be persuaded and persuaded not to issue a waiver form.

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 minor children is carried out only with the consent of their parents. Law No. 77 notes the same aspect with regard to tuberculosis care.

Every adult resident of our country has the right to refuse to vaccinate themselves and their minor children. Why do some people decide to refuse vaccination, how to do it legally, and what difficulties they may encounter?

Who can write a disclaimer?

Federal law 323 permits the waiver of vaccination by:

  • Adult citizens – when it comes to vaccination for themselves;
  • One of the parents, guardians or guardians, as well as adoptive parents – when it comes to vaccinating children under the age of fifteen (in the presence of drug dependence, the child has up to 16 years);
  • One of the guardians – if we are talking about persons who are recognized as incapable.
What should I write on the rejection form?

To file the waiver must be addressed to the head of the medical institution where the manipulation is carried out – usually it is the chief doctor of the maternity hospital or clinic. In many cases, those wishing to refuse vaccinations, health workers provide ready-made forms. However, there are cases when the medical staff does not show understanding, so you should be ready 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.

In the application, you must specify:

  • All personal data of the applicant, including his address of residence.
  • Abandoned vaccine names.
  • That this disclaimer is your deliberate decision.
  • References to laws that allow you to refuse immunization.

If the application relates to a child attending school or kindergarten, then the document should include a request to release him from any medical manipulations for which parental consent is not required.

What documents are required?

An official form for refusing vaccination was developed by the public health authorities in 2009. His registration number is 13846. This form informs parents about preventive vaccination and allows you to agree with its implementation or refuse. It should be offered for any vaccination, since vaccination is allowed only after signing this form.

In addition to this form for refusal, you can use any other form that can be taken on a legal or medical resource. It will not be superfluous to take with you to the medical institution and all the laws that allow you to refuse vaccinations, in printed form.

In order for the refusal issued by you to receive real power, it must have 3 signatures (an immunologist, a pediatrician and a parent) and 2 seals. The document is drawn up in three or four copies, and one of them belongs to a kindergarten or school, and another one is taken for storage home.

Difficulties 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 an institution only if there is a threat of an epidemic or a mass occurrence of infectious diseases. Such a refusal is only temporary, while in the garden or at school there is quarantine.

What to do if a vaccination is given, despite the refusal?

Note that such cases are rare, but they can be. First of all, parents need to write a statement to the prosecuting authorities, in which to ask to check the fact of the implementation of the illegal immunization of the child. A second copy of such a statement is given to the local health department. When vaccinating at school or in kindergarten, a third copy is needed, which is given to the education department.

With a properly drawn-out waiver of vaccination, the prosecutor’s office will bring those responsible to justice (either disciplinary or administrative). If an illegal vaccine forced parents to incur any costs, the health facility will pay damages. Compensation for moral harm can be achieved only on a voluntary basis or after a court decision.

In cases where an unlawfully vaccinated vaccine has hurt the child’s health (if a forensic medical examination has established harm as severe or moderate) and the link between the deterioration of health and vaccination has been proven, the doctor who performed the manipulation can be held criminally liable.

Most often, vaccination is refused for medical reasons, when the child has a high risk of complications after administration of the vaccine.

However, in recent years, the number of failures that are not related to contraindications has increased. Many parents believe that vaccinations only worsen the baby’s immunity, and the rather tight vaccination schedule of 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 from which they are vaccinated, in their opinion, are very rare. Some parents oppose the toxic components of vaccines. Someone thinks that it is better to have a disease than to inculcate, so the immunity will be more resistant. Breastfeeding mothers are confident that thanks to their milk, the baby is protected from infections. For information on whether to vaccinate a child, read our other article.

  • 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 on paper. You should not get into disputes, because the decision not to vaccinate has already been made, so let the staff know right away that they are aware of the consequences.
  • If you decide on admission to kindergarten without vaccinations, do not make a dummy certificate. Her data is easy to verify, especially if the clinic and educational institution is located in the same area.
  • If you want to refuse vaccination from the birth of a baby, take two completed rejection forms to the maternity hospital, putting them to other documents that are required for childbirth.
  • Make all complaints and statements necessarily in 2 copies, and in order to check the response time and prove that the application or complaint was present, submit the document yourself, making sure that the incoming number and date are put on the paper. You can also send an application by mail – it must be a registered letter, the receipt of which you will receive a notification.
  • At the bottom of a complaint or statement, be sure to leave your signature, otherwise the document will not be considered, as it will be classified as anonymous.

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