Anti covid19 vaccination for boys and girls age group between 5 and 11 years
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(CRHoy.com) Through a video, the now vice president-elect, Stephan Brunner, committed himself to a community of parents to eliminate the mandatory vaccination against COVID-19.
The audiovisual, with signs of the Rodrigo Chaves campaign, was published on March 23 on the Facebook page, Equal rights for parents.
Despite the fact that in the message – also sent to the Amparo Niños group in Costa Rica – Brunner acknowledges that the vaccine saves lives, he says that the State should not force those who do not want to be inoculated.
“We are going to make clear the advantages of vaccination, but if despite this advice, you decide not to get vaccinated, we are not going to force you”said the economist prior to winning the electoral contest on April 3.
But, does the Executive Branch have the power to do so?
According to María Luisa Ávila, a doctor and former Minister of Health, this intention of the president-elect’s team, would have no place because “the General Health Law, which dates back to 1973, establishes the mandatory nature of vaccines, in those that the Ministry of Health -after analyzing the epidemiological situation-, considers necessary”.
“On the other hand, there is also the National Vaccination Law and the Law on the Rights of Children and Adolescents, which also establishes, as an obligation of the State, to provide vaccines, which are mandatory in case there is a greater danger for the minor, if their parents or legal guardians consider that they should not be vaccinated”.
In March 2021, the National Commission for Vaccination and Epidemiology (CNVE) included the biological against SARS-CoV-2 in the official basic vaccination scheme of minors.
“In our country, the vaccines included in the basic table established by the CNVE are mandatory for minors, among them those against chicken pox, polio, more recently against the Human Papilloma Virus incorporated in 2017 and this year the incorporation of immunization against COVID-19 ”, Health explained in November of the previous year.
According to the authorities, this decision was supported by General Health Law, the Code for Children and Adolescents, in protection of the principle of the best interests of the child, the girl and the adolescent.
Precisely, the article 43 of the childhood code, sets the following:
Minors they must be vaccinated against the diseases determined by the health authorities. Supplying and applying the vaccines will be obligations of the CCSS.
For medical reasons, the exceptions to apply the vaccines will be authorized only by the corresponding health personnel.
The father, the mother, the legal representatives or the persons in charge will be responsible for the obligatory vaccination of the minors under their care to be carried out in a timely manner.
For public officials, mandatory vaccination against COVID-19 has been in place since October 2021. On several occasions, the Constitutional Chamber has rejected amparo appeals that tried to bring down the obligation. The magistrates determined it as a legitimate measure in the search to prevent the spread of the virus, hospital saturation and thus take care of public health.
Given this, the General law of health mentions in his article 3, what:
(…) In accordance with this Law, vaccinations against diseases are mandatory when deemed necessary by the National Vaccination and Epidemiology Commission, which is created by this Law, in coordination with the Ministry of Health and the Costa Rican Social Security Fund.
The approved vaccines must be supplied and applied to the population, without economic reasons or lack of supply in the health services provided by state institutions being able to be alleged.
These approved vaccines refer to the official basic scheme that is applied to the entire population, and to vaccines for special schemes aimed at specific risk groups.
The National Vaccination and Epidemiology Commission must prepare an official list of vaccines, which will be included in the Regulations of this Law. The list may be reviewed and analyzed periodically, taking into account the frequent technological changes in this field. (…)
while el article 147, emphasizes that, “every person must comply with the legal or regulatory provisions and practices aimed at prevent the occurrence and spread of communicable diseases.
Meanwhile, the Civil Code provides that any person “may refuse to be subjected to a medical or surgical examination or treatment, with the exception of cases of compulsory vaccination or other measures related to public health, occupational safety and the cases provided for in article 98 of the Family Code (…)”.
Faced with the promise of the politicians who will take office next May, the former Minister of Health pointed out that “from words to deeds, there is a long way to go. And in that case there are three laws that would have to change if they want to fulfill this promise to that group of parents”.
“I don’t think it will be very easy for them with a minority in the Legislative Assembly and with a group of deputies that I am sure would not allow such an occurrence.
“On the other hand, There is a National Immunization Commission that makes this type of decision. This is not a competence only of the minister or only of the Fund or only of a group, but there is a law that was created to avoid this type of occurrence.
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