Project proposes that vaccination against Covid-19 for children depends on parental authorization in Manaus

Vaccination child vaccine child Covid-19 Uberaba 18-01-2022 Uberaba City Hall/Disclosure Bill presented at the Manaus City Council last Tuesday (11) proposes that vaccination against Covid-19 of children and adolescents in the capital depends on the authorization of parents or guardians. The proposal also prevents municipal schools and public agencies from requiring proof of vaccination against the disease. The proposal contradicts the Child and Adolescent Statute (ECA), which establishes the mandatory vaccination of children in cases recommended by health authorities. The text was authored by councilor Gilmar Nascimento (Avante) and also provides that municipal public servants are not required to be vaccinated against Covid-19 as a condition for appointment, tenure, exercise, permanence, promotion or career progression. ? Join the g1 AM channel on WhatsApp According to the proposal, the application of the Covid-19 vaccine to children, adolescents and public servants, within the scope of municipal services, would depend on the signing of a free and informed consent form. The text also allows the person or their legal guardian to formally register their refusal to be vaccinated. Manaus expands vaccination against Covid-19 for babies The proposal also establishes that municipal schools and public bodies cannot require proof of vaccination against Covid-19 for registration, re-enrollment, stay, attendance or access to public services. What the proposal says In the justification, the author states that the project seeks to guarantee principles such as patient autonomy, human dignity, informed consent and precaution. The measure, however, contradicts the understanding already established by the Federal Supreme Court (STF) regarding vaccination against Covid-19. In 2020, the Court ruled that compulsory vaccination is constitutional and that states and municipalities can adopt measures to encourage immunization, as long as there is no forced vaccination. Possible measures include restrictions provided for by law, such as preventing access to certain places or activities. The STF has also decided that parents must vaccinate their children according to the official immunization schedule, regardless of philosophical, religious or political beliefs. What the expert says To g1, lawyer Alessandrine Silva classified the proposal as a "legally very serious proposition". According to her, health is a fundamental right and its protection is a duty of the State. "We are not just talking about an individual choice, but about a public policy to protect the community, especially the most vulnerable people, such as children", declared Alessandrine. The lawyer also cited Direct Unconstitutionality Actions (ADIs) 6,586 and 6,587, judged by the STF in 2020. In them, the Court recognized the possibility of compulsory vaccination against Covid-19 through indirect measures, without allowing forced immunization. "More recently, the STF was even more direct in declaring unconstitutional in ADPF 946 Municipal Law No. 13,691/2022, of Uberlândia (MG), which prohibited compulsory vaccination against Covid-19, precisely because this type of rule discourages immunization and puts collective health at risk," he declared. The decision mentioned by the expert was taken by the STF in 2024. The Court declared unconstitutional the Uberlândia law that prohibited compulsory vaccination against Covid-19 and the application of restrictions and sanctions to unvaccinated people. The expert also pointed out that compulsory vaccination does not mean forced vaccination. According to her, the STF ruled out the possibility of forced immunization, but recognized the legitimacy of indirect measures to protect public health, when provided for by law, based on scientific and proportional evidence. "Individual rights are fundamental, but they cannot be used to eliminate the State's responsibility to protect fundamental rights of the entire community. In matters of public health, the principle must always be the protection of life, based on science, the Constitution and human rights", he concluded. READ ALSO: Bill proposes creation of 'Legendary Day' in Manaus