SC court orders couple to vaccinate daughters under penalty of daily fine of up to R,000

SC court orders couple to vaccinate daughters under penalty of daily fine of up to R$10,000


Parents responsible for children have 60 days to immunize their daughters; Childhood vaccination is provided for by the Childhood and Adolescence Statute




OR Court of Justice of Santa Catarina decided, in a decision last week, that a couple vaccinate their two daughters, according to the vaccination schedule recommended by the Ministry of Health. The decision merely confirms the decision of the 2nd Civil Court of the district of São Bento do Sul after the mother appealed. The parents now have 60 days to comply with the provision. Otherwise, they are subject to a daily fine of between R$ 100 and R$ 10 thousand reais.

In the TJ-SC decision, the judge emphasized that “as ethical citizens, we remain undeniably committed to the health and integrity of every human being, especially children and adolescents, in accordance with pro-life science.”

Understanding the case

The measure adopted against the couple is the result of an investigation by the Public Prosecutor’s Office which ascertained the administrative violation of the rules for the protection of childhood and adolescence. Childhood and Adolescence Statute (ECA)two articles support the decision:

Article 14 – specifies, in the first paragraph, that “vaccination of children is mandatory in cases recommended by the health authorities”;

Article 249 – determines a sanction in the event that someone “violates, with intent or negligence, the obligations inherent to family power or deriving from guardianship or custody, as well as from the determinations of the judicial authority or of the Guardianship Council”.

So, the European Court of Auditors plays a fundamental role in ensuring the vaccination of children and adolescents. In the decision, the judge also reinforced Article 227 of the Constitution, which establishes that “the duty of the family, society and the State to ensure the child, with absolute priority, the right to life, health, dignity and respect, and instead to keep him safe from all forms of abandonment, discrimination, exploitation, violence, cruelty and oppression.”

According to the TJ-SC, the children’s mother appealed the decision, claiming that she was forced to vaccinate them without having the safety to do so. She said there was no “medical approval” for the action and, therefore, the physical integrity of the children would be put at risk.

Since the trial is being held in secret, the TJ-SC said it could not provide further information. The ages of the children and what immunizers must be applied.

Source: Terra

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