A child without vaccinations: survival instructions. Especially for the GARANT system

Good day, dear visitor to our site! Today we will look at a topic that causes numerous disputes and conflicts: are children taken to kindergarten without vaccinations and how to formalize a refusal of vaccinations by law in 2021? Many parents face obstacles in enrolling their child in a child care institution. We will tell you how legal such a requirement is and how to properly defend your rights.

Today we will look at a topic that causes numerous disputes and conflicts: are children taken to kindergarten without vaccinations and how to formalize a refusal of vaccinations by law in 2021?

Do citizens have the right not to vaccinate themselves and their children?

Yes they can. This is guaranteed by the Constitution of the Russian Federation (Article 41) and our legislation (Clause 1, Article 5 of Law No. 157-FZ). In general, in the legislative regulation of immunoprophylaxis issues, our country is on a par with the developed countries of Europe, where vaccinations are a voluntary and personal matter of the citizen. Art. 41 of the Constitution of the Russian Federation determines that medical care is the right of every person and citizen, but not an obligation.

Why, in reality, in any clinic, hospital or kindergarten, school, will they raise their eyebrows in surprise and strictly, in detail, find out the reasons for refusing vaccination, since this is a voluntary right of parents? This is explained by two reasons. First of all, because we all “come from the USSR”, and then vaccinations were a mandatory and indisputable benefit, which medical workers and officials continue to bring to the world. Secondly, government targeted funding for vaccinations plays an important role, because in the event of mass refusals to vaccinate, the state order will be “out of place.” Official figures: according to the Federal Law “On the Federal Budget,” they plan to spend from the state treasury on preventive vaccinations in 2021 - 11.6 billion rubles and 11.8 billion rubles each. - in 2021 and 2021 (clause 22 of Article 1 of the Federal Law of July 3, 2021 N 193-FZ “On amendments to the Federal Law “On the Federal Budget for 2021 and for the planning period of 2021 and 2020”) So that the official approach is this: we all vaccinate ourselves and our children together, but if you really, really don’t want to, you can refuse. If in doubt: open and carefully study paragraph 1 of article 5 of Federal Law No. 157 “On the immunoprophylaxis of infectious diseases,” which confirmed the right of citizens to refuse vaccinations.

You can refuse all vaccinations, as well as certain types, both yourself (clause 1 of article 5 of Federal Law No. 157) and in relation to your minor children (clauses 1 and 2 of article 20 of Federal Law No. 323-FZ). To do this, it is absolutely not necessary to have medical or other contraindications.

What do they inject in preschool?

All vaccinations in a children's educational institution are carried out only with the consent of the parents. In this case, the individual vaccination schedule of each child is taken into account, because It often happens that a child lags behind the generally accepted vaccination schedule for one reason or another.

In this case, all missing vaccinations will be completed at the educational institution. When vaccinations are completed on time, all vaccinations in kindergarten are given according to the schedule.

If we take into account that some kindergartens accept children from 1.5 years old, then the list of vaccinations for preschool age will be as follows:

• 20 months - second revaccination against polio;
• 6 years – revaccination against measles, rubella, mumps;
• 6-7 years – first revaccination against tuberculosis.

Entering kindergarten is an important event for both the child and the parents, but there is no need to worry. On our website you will find information in detail about why your baby needs to be prepared for kindergarten, what clothes and shoes are needed and how to sign things.

Parents can refuse all vaccinations for their child. However, moms and dads should remember that the consequences of previous diseases can be much more dangerous than adverse reactions to the vaccine, and also that it is parents who are responsible for the life and health of their children.

What diseases are vaccinated against in the Russian Federation:

• Hepatitis B
• Tuberculosis
• Polio
• Diphtheria
• Measles
• Whooping cough
• Tetanus
• Rubella
• Mumps
• Haemophilus influenzae infection

For more details on what they are vaccinated against, when and how often, see the National Calendar of Preventive Vaccinations, Appendix No. 1 to Order of the Ministry of Health of the Russian Federation dated March 21, 2014 No. 125n. You must understand: vaccinations are always an intervention in the body, and there are contraindications recognized by doctors when they are prohibited. The pediatrician is obliged to list these cases to parents, and also warn about the adverse consequences of vaccination (Clause 1, Article 20 of Federal Law N 323-FZ). However, as experience shows, doctors for some reason forget about this. Forewarned - forearmed! Contraindications to vaccinations can be absolute (cannot be done under any circumstances) and temporary (cannot be done only during the specified period). For more details, see paragraph 3. Medical contraindications for preventive vaccinations)

List of additional

In addition to mandatory vaccinations against the most common infections, doctors recommend additional vaccinations for children for epidemic reasons or in risk groups. Such vaccinations include:

1. against shigellosis;
2. against meningococcal infection;
3. against pneumococcal infection (children from 2 to 5 years old);
4. against rotavirus infection;
5. against chickenpox;
6. against hemophilus influenzae infection (children who were not vaccinated in the first year of life);
7. against the flu.

We do not do it during a period when the body is weakened (temporary contraindications):

• influenza or ARVI with fever (vaccinated no earlier than 2 months after recovery);
• chronic diseases (vaccination of a child is possible only after the approval of the attending physician);
• prematurity (vaccinate the child only after reaching 2 kg);
• immunosuppressive therapy (not allowed at this time);
• after a blood transfusion or administration of immunoglobulins (vaccination is possible no earlier than after 3 months).

For more detailed contraindications for each vaccine, see table. 1 Medical contraindications to preventive vaccinations Also, please note that paragraph 4 of this document lists possible severe reactions and complications to vaccinations: temperature above 40°C, swelling and hyperemia over 8 cm in diameter, anaphylactic shock, severe generalized allergic reactions (angioedema), Stevens-Johnson syndrome, Lyell syndrome, serum sickness; encephalitis, vaccine-associated polio; damage to the central nervous system with residual manifestations leading to disability, encephalopathy, serous meningitis, neuritis, polyneuritis, as well as manifestations of convulsive syndrome, generalized infection, osteitis, osteomyelitis, chronic arthritis. No one can guarantee one hundred percent whether something similar will happen or not after vaccination with your child, but, of course, it is advisable to know about it.

What risks do parents face if they don’t vaccinate their children?

All dubious aspects were assessed, thought through, and weighed. If in the end you decide “not to do it,” a lot of questions arise. Can the child be taken away? Do they have the right to force or can doctors themselves vaccinate a child in a kindergarten or school without your consent? Will intractable parents be sent to prison, as in Uruguay, for six months? There is only one answer to these “painful” questions: no. Let's return to paragraph 1 of Art. 5 Federal Law No. 157, which establishes that vaccinations are a voluntary matter and the decision of parents. There is no liability for refusal. Instead of punitive measures, we have established restrictions for unvaccinated citizens on leaving the country and admission to educational institutions (Clause 2, Article 5 of Federal Law No. 157-FZ). No one can hold a person accountable for exercising his right established by law!

Of course, if the child was not vaccinated because the parents did not care about him at all, and the child was actually “abandoned,” then this is a completely different story. If, in addition to the lack of vaccinations, in addition, improper fulfillment of other parental responsibilities is established (prolonged and systematic neglect of the child’s needs, lack of concern for his health, nutrition, neglect, unsanitary living conditions), then the issue may be raised up to the deprivation of parental rights (Article 69 of the Family Code of the Russian Federation) and administrative liability (Article 5.35 of the Code of Administrative Offenses of the Russian Federation). But these are already extreme cases, which, we hope, are not relevant to our readers.

Within the meaning of paragraphs 1-2 of Article 5 of Federal Law No. 157-FZ, parents should not be held accountable to the law even if their unvaccinated child eventually contracts a disease from the national vaccination calendar. On the other hand, those parents whose child, God forbid, suffered from vaccination, should not be held accountable before the law. After all, it was their choice too! However, no clear judicial practice has been developed in this regard at the moment.

More than once, some public figures, ministers and deputies have come out with a demand to oblige parents to vaccinate all their children, but so far the Duma has consistently rejected these initiatives.

Can a child attend kindergarten without vaccinations?

Previously, vaccinations were mandatory and in their absence, an educational institution had the legal right to refuse to admit a child to kindergarten or school.

However, according to recent changes made to the legislative framework, this clause is no longer an obligation and therefore cannot serve as a reason for refusal.

To become a kindergarten student, all you need is a certificate from the clinic, which will indicate the results of an examination by all specialists, including an epidemiologist. The document must be certified by the head physician of the children's medical institution.

If a child is not accepted into kindergarten without compelling reasons, then this is a violation of the law, and in particular, human rights. Parents can challenge the manager's decision in court by filing a claim for violation of the rights of a minor.

Important! Employees of an educational institution may exclude a child from visiting a child care institution for the period of vaccination of other children, in order to protect the child from possible infection or illness.

Although a child without vaccinations has the right to go to kindergarten, vaccination against measles and polio is still mandatory. Without them, neither the clinic nor the educational institution will give consent for the child to visit the kindergarten.

Will they be allowed into kindergarten and school without vaccinations?

Many are convinced that without a vaccination card a child cannot be placed anywhere. However, it is not. The state is obliged to ensure that every person has the right to education and its accessibility to the general public (clause 2 of article 41 of the Constitution of the Russian Federation). Therefore, they are required to take a child to educational institutions regardless of the presence/absence of vaccinations (Clause 3, Article 5 of Federal Law No. 273-FZ “On Education in the Russian Federation”). But let’s not lie, parents can still get on their nerves.

The law provides only 2 consequences for unvaccinated children. Firstly, unvaccinated children may be temporarily (for as long as there are reasons) not allowed to attend classes in the event of mass infections or the threat of epidemics. Secondly, they may not be released from the Russian Federation to countries where vaccinations are mandatory (Clause 2, Article 5 of Federal Law No. 157-FZ).

Thus, a child may indeed be suspended from school, but only for the period of quarantine while the epidemic rages. And not just because the school director “imagined” the epidemic. An official decision on the epidemic in the region and the announcement of quarantine must be approved. It is announced by local authorities on the orders of chief sanitary doctors and their deputies (clause 2 of article 31 of Federal Law N 52-FZ “On the sanitary and epidemiological welfare of the population”).

Sending a child home without a polio vaccine during mass vaccination?

Recently, when vaccinating children in kindergartens with a “live” polio vaccine, the rights of preschool children who do not have vaccinations are violated. They are sent home from kindergartens for almost 2 months. The managers refer to sanitary rules, according to which they are supposedly obliged to do this during mass vaccination. Meanwhile, Rospotrebnadzor explained that this is illegal and recommended reading the resolution more carefully (clause 9.5 of the Sanitary and Epidemiological Rules SP 3.1.2951-11).

And it states that when vaccinated against polio, unvaccinated children are separated from children vaccinated with the vaccine for 60 days (and not removed from institutions), and it is the direct responsibility of the heads of kindergartens and schools to organize separate stays for such children within the walls of the educational institution (clause 9.5 Sanitary and epidemiological rules SP 3.1.2951-11).

Problems that may arise

Problems with admission to kindergarten may begin at the clinic if the doctor refuses to sign the medical card.

In this case, you need to ask the doctor to give a refusal in writing with reference to the document on which he relies.

The manager may not accept a child into kindergarten. In this case, parents are asked to bring a certificate from the SES. This is illegal.

If the baby was found healthy during a medical examination at the clinic, then nothing else is required from the parents except a medical card and refusal of vaccinations.

Also in practice, there are often situations when parents are asked not to bring an unvaccinated child for 2 weeks if other children in the group were vaccinated against polio with live polio vaccine orally at that time. This is explained by the fact that the risk of infection in an unvaccinated baby is higher in this case.

Mantoux is not a vaccination and will you have to do it?

If in terms of vaccinations in kindergartens and schools they have already relatively come to terms with “refuseniks,” then in matters of mantu, not everything is clear. Often, school doctors present parents with a choice - either manta (recently in a number of regions they have begun to be replaced with diaskintest) or a certificate from a phthisiatrician about the child’s health condition. Otherwise, the child may not be allowed to attend school. At the same time, the TB doctor does not simply issue a certificate to the child. He will require an X-ray of the child’s lungs and all members of his family, and this is free. Or, for money in paid centers, they will ask you to have your child’s blood tested. And only after this will it issue a conclusion on the basis of which the child will be allowed to attend classes.

This is justified as follows: you have the right to vaccinate your child or not, and Mantoux is not a vaccination, it is a screening of the child’s healthy condition, so you cannot refuse the Mantoux test.

The Prosecutor General's Office and the Office of the Commissioner for Children's Rights became interested in the legality of removing children from the educational process due to the lack of mantu. As a result, at an interdepartmental meeting in May 2021, officials came to the conclusion *(1) that restricting a child’s right to attend schools and kindergartens due to the lack of mantu is unacceptable, since the state must ensure the constitutional right of every child to education. The Commissioner for Children's Rights confirmed*(2) that “the current legislation does not provide for any consequences of refusing the Mantoux test or performing a fluorographic examination, and also does not provide for additional examinations by specialists of unvaccinated children, taking additional tests and undergoing additional procedures.” Thus, no one has the right to force you to make mantu for your child.

Despite loud statements, court decisions on parents' complaints are extremely contradictory. In 2015, the Supreme Court of the Russian Federation, in its decision dated February 17, 2015 N AKPI14-1454, refused to invalidate sanitary standards. The article on the admission of unvaccinated children only with a certificate from a phthisiatrician was appealed (paragraph 2, clause 5.7 of the Sanitary and Epidemiological Rules SP 3.1.2.3114-13). The Supreme Court considered that this norm is legal, since it is aimed “at preventing the occurrence and spread of tuberculosis, as well as respecting the rights of other citizens to health protection and a favorable living environment.” Sanitary rules do not provide for medical intervention without parental consent and therefore they do not contradict the Constitution of the Russian Federation and laws. The rules do not contradict, but what to do with children who are not allowed into the kindergarten - the question remains open.

Regional and district courts create their own law and, when resolving cases, answer this question differently. In case No. 2-2459/15, the Butyrsky District Court of Moscow on 06/03/2015 declared illegal and canceled the order of the head of the educational institution not to admit the girl to kindergarten without a certificate from a phthisiatrician. The court found that the child's rights to education were violated.

The appeal ruling of the Yaroslavl Regional Court in case No. 33-1459/2016 declared it illegal to prevent a child from entering a kindergarten without a mantu and without a certificate from a phthisiatrician. The court indicated that a certificate from a TB doctor is not a mandatory document for admitting a preschooler to kindergarten.

On June 29, 2021, the Chelyabinsk Regional Court refused to satisfy the claim of E.T., whose son was banned from attending kindergarten at the end of 2021 due to the lack of a Mantoux test. The regional court confirmed that the child was removed from the educational process legally. But in Miass of the same Chelyabinsk region in 2021, the court, on the contrary, sided with the parents who did not give mantu to the child and did not take him to a TB doctor. The court considered that the school did not carry out the full range of measures to organize the early detection of tuberculosis in children and there was no reason to send the student to a phthisiatrician.

Until the judicial authorities have developed a unified approach, parents can adhere to the official position of the Prosecutor General's Office (see letters dated 09.09.2015 N 72/1-1164-14, dated 29.10.2014 N 72/1-1164-14, dated 11.09.2014 N 72/1-1164-14).

The documents explain that the only basis for temporarily refusing admission to kindergartens and schools for children without vaccinations is, according to the law, only the occurrence of mass infectious diseases and the threat of epidemics. The Federal Law “On preventing the spread of tuberculosis in the Russian Federation” provides for anti-tuberculosis assistance to the population with the consent of citizens (clause 2 of article 7 of Federal Law No. 77-FZ). The principle of voluntariness of tuberculosis care (provided there is no contact between the child and a tuberculosis patient) means that parents have the right to refuse mantu, and this should not entail a ban on visiting schools and kindergartens. At the same time, restrictions on admission to schools and kindergartens do not apply to all minors, but only to those children for whom there is already reasonable suspicion of tuberculosis or whose contacts with patients have been confirmed.

Recently, changes have taken place to tighten regulations regarding citizens who may be the source of the disease. In August 2021, persons under dispensary observation in connection with tuberculosis were required to undergo a medical examination and preventive measures as prescribed by a doctor, including through the use of medications (Clause 1 of Article 13 of Federal Law No. 77).

This means that if a patient with tuberculosis is identified at school, his classmates will be taken under dispensary observation, and this is done regardless of the consent of the children themselves or their parents (clauses 1-2 of article 9 of Federal Law No. 77). And here it will no longer be possible to refuse medical examinations and preventive measures prescribed to them by a phthisiatrician (clause 1 of article 13 of Federal Law No. 77). It will also be impossible to refuse these measures for persons whose Mantoux test turned out to be abnormal. At the same time, the mantoux turn of another child in the same educational institution in itself is not a basis for introducing dispensary observation of other children (clauses 1 - 4 of article 9 of Federal Law No. 77).

The general conclusion is this: parents still have the right not to make mantu for their child and not to visit a TB doctor with him. But if your schools or kindergartens go into confrontation, then you will have to seek admission to the educational institution in the judiciary. Each parent, taking into account the above, will independently decide which option is more acceptable for him and his child - to defend the right to refuse in court, to make a mantu or go to a phthisiatrician.

Are vaccinations required for kindergarten, and why are they needed?

Medical scientists tend to divide the eras of healthcare development into periods before and after the introduction of mass vaccination programs. Indeed, in practice it has been proven that vaccination is the most effective preventive method of combating many, including very dangerous, infectious diseases. Unfortunately, the Internet, with access to a wide variety of information, has not “worked” for good in this matter. Unable to separate the “wheat from the chaff” and charged with an anti-vaccination sentiment, some parents began to unreasonably refuse vaccinations. Are they right?

At an early age, the formation of the immune system is just beginning. Various viruses can cause irreparable harm to a fragile child's body. Some serious diseases that can make a child disabled can only be protected through vaccination.

Parents fear that immunization with vaccines will create an additional burden on the child’s body. However, modern drugs consist of dead and weakened viruses or bacteria that do not pose a danger; on the contrary, they protect against complications. The importance of vaccination before visiting kindergarten is great. If, due to illness, the baby missed the vaccination schedule, it can be done after recovery.

Benefits of vaccination:

• no complications;
• formation of immunity;
• protection from diseases.

Parents can write a written refusal to get vaccinated, but then all family members are at risk of disease.

Teenagers make their own decisions about vaccinations

Parents, do you know that after 15 years old children are recognized as independent citizens of the Russian Federation in matters of medical intervention? Part 2 Art. 54 Federal Law N 323-FZ now trusts them to decide their own health issues. Therefore, you should discuss, discuss and explain all these topics with your child in advance!

This means that if suddenly your grown-up child begins to get vaccinated despite your refusal statements, or, on the contrary, declares that vaccinations are a universal evil, and he will never do them again, then you just have to accept it. Now his health is in his hands! It is he who signs the voluntary informed consent or refusal provided for in Part 7 of Art. 20 of the specified Federal Law No. 323. From now on, the “headache” for this decision will be removed from you. Of course, except for cases when he himself cannot demonstrate this will due to emergency medical indications with a threat to life) (Part 9 of Article 20 of the said Federal Law No. 323)

So it turns out that from now on parents can forget about the health of their children? No, that's not true! The Family Code of the Russian Federation (Part 2, Article 63) classifies caring for the health of minors as the fundamental rights and responsibilities of parents. It says that parents “have an obligation to take care of the health, physical, mental, spiritual and moral development of their children.” So you still have to take care, take care of your children in good health!

But no one is anymore authorized to educate you about the health of your children and open information on their medical records (except in cases of drug addiction). Keep in mind that the concept of medical confidentiality applies to the health of children. Medical confidentiality includes all information about the state of their health, diagnoses and decisions made by them (Part 1 of Article 13 N 323 of the Federal Law). From the age of 15, doctors can inform you about these decisions, in particular about vaccinations, only with the written consent of the teenager himself (Part 3 of Article 13 of Federal Law No. 323). Although in practice the opposite often happens, and doctors, in the old fashioned way, “lay out” all the medical ins and outs about the teenager to parents.

The ban on disclosing medical confidentiality is provided for in Part 2 of Art. 13 Federal Law No. 323. It is in your power to provide your child with all the information about the upcoming vaccination, its contraindications and consequences, the possibility of refusal, and then count on his reasonable and informed choice.

What about the army and the institute?

At institutes, documents for admission are required to be accepted regardless of the presence of vaccinations (clause 3 of article 5, article 69-70 of Federal Law N 273-FZ “On Education in the Russian Federation”, clauses 52-79 of the Appendix to the Order of the Ministry of Education and Science RF dated October 14, 2015 N 1147).

The story is the same with the army, because our conscript is a full citizen of the Russian Federation and, like everyone else, has the right to choose whether to get vaccinated or not. But it’s much harder to fight for your rights in the army than anywhere else. It turns out that in theory and legally he can refuse, but in reality, vaccinations in the army are given to all soldiers without clarifying the nuances and their wishes.

But, we emphasize once again, in accordance with paragraph 3 of Art. 20 Federal Law N 323-FZ “a citizen, one of the parents or another legal representative of a person has the right to refuse medical intervention or demand its termination,” including during military service in the armed forces of the Russian Federation. In this regard, soldiers' mothers from time to time complain in the press about the illegality of total vaccination of conscripts.

Kindergarten without vaccinations: what does the law say?

The law on which this right is based is specified in the Federal Law of the Russian Federation On Immunoprophylaxis. According to the standards prescribed in Article 5, a parent may refuse vaccination.

Article 11 states that health workers do not have the right to vaccinate a child without the consent of his official parents or guardians.

Another law on which preventive vaccination is based is indicated in Article 32 of the Russian Federation’s OZ “On Health Protection”.

It states that doctors have the right to treat a person only after his consent.
Article 33 informs that every citizen has the right to refuse intervention from a medical institution. Attention! Preventive vaccination aimed at reducing the number of people suffering from tuberculosis, based on the law “On Preventing the Spread of Tuberculosis in Russia,” also requires agreement on the part of legal parents or guardians.

What if they insist on getting vaccinated?

Unfortunately, the rights guaranteed by the Constitution are not respected everywhere. What to do if, despite the above laws, the head doctors do not sign the children’s medical records, the directors refuse admission to the kindergarten, school, and do not allow them to enter educational institutions and clubs without vaccinations?

We sincerely recommend that you negotiate peacefully about children. Talk again and again. Try to convince the intractable manager to once again consult with his superiors before making a final decision.

When peaceful methods have been exhausted, but have not led to the desired result, then use the “heavy artillery”. Hint that, in fact, your rights are currently being violated, and the prosecutor’s office is carefully monitoring this case. Tell us about the checks that may follow from supervisory authorities and the prosecutor's office if someone decides to complain. And legal proceedings with parents will not add “glory” to the educational institution and its management. The words “Rospotrebnadzor”, “Rosobrnadzor” (for kindergartens and schools) and “Roszdravnadzor” (for clinics and hospitals) always work magically. It happens that at this moment the leaders suddenly “make a concession” and the child is enrolled.

If that doesn't work, then file the complaints you threatened. We advise you to record all conversations with a voice recorder, and request refusals from educational and medical institutions in writing. Indicate your contact information in the complaint, provide a link to N 157, which gives you the right not to vaccinate your child, tell what exactly was violated, sign and send the complaint to higher authorities (Ministry of Education, Ministry of Health), as well as to the prosecutor's office, demand an inspection. At the same time, you can file a complaint with the court. The courts have become accustomed to parental complaints and are reacting correctly.

We wish that all issues regarding the health and education of the child are resolved by parents and officials through negotiations and discussions, in full compliance with Russian legislation!

October 2021 Author:

Skosarenko E.E., candidate of legal sciences, lawyer
Source:
System Garant

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