As of Friday, March 26, from COVID-19 almost 175 thousand people are vaccinated in Ukraine, almost 375 thousand have applied. State Receives 1.8 Million Units Of Chinese Drug On Thursday CoronaVac… Now it is the third vaccine after the American Pfizer/BioNTech and Indian Covishield/AstraZeneca, which has passed certification in our country. According to scientists’ forecasts, by the end of the year, the required amount of Ukrainian is not vaccinated. One of the main factors, scientists and doctors call a large number of anti-vaccinators in Ukraine.
In the context of this issue, society is actively discussing the possibility of restricting the rights of citizens who do not receive the vaccine or refuse to be vaccinated. This week Supreme Court confirmed the prohibition of children without vaccinations from going to state educational institutions. This decision is explained by the fact that the state now wants to be confident in the safety of life and health of all participants in the education process, including the child.
In one of our materials on education during quarantine, we already wrote that The Constitution of Ukraine puts the safety of life and health higher than the right to education (Articles 3 and 53).
In fact, the child’s right to learn is not violated, since for those who do not get vaccinated there are alternative ways of education – remotely, online, and the like.
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But such options are not suitable for everyone. A number of parents who refuse to be vaccinated due to the health of their child were very indignant on social networks with this decision of the Ukrainian Armed Forces.
“Telegraph“turned to experts from the law firm” Klochkov & Partners “. Lawyer Oleg Bodak explained …
How does a Supreme Court decision actually work?
“On February 4, 2021, the Law of Ukraine” On the Public Health System “was adopted in the first reading, which contains an article (part 4 of Art. 14) with a direct indication:” Individuals must undergo compulsory medical examinations and be vaccinated in cases provided for by law. ” the court ruled (case No. 331/5291/19) that the director’s order to remove an unvaccinated child from school is completely legal and consistent with a fair balance of competitive interests of the individual and society as a whole, “says Bodak.
But there are inaccuracies in this ruling that create a discrepancy. The principal cannot prevent the student from studying at the school.
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“In Ukraine, the mechanism for removing a student from the educational process in case of vaccination has not been determined. Moreover, the job descriptions of educational institutions do not contain powers, functions and instructions for carrying out such suspension on the basis of not vaccinating a student. Finally, the prohibition of restricting the right to education, regardless of state of health, demonstrates a significant legislative gap with the obligation to vaccinate and the possibility of attending school only for vaccinated children, “adds Bodak and answers the question …
How to defend the child’s right to go to school, and not alternatively receive education?
“An unvaccinated child can attend school, but only in exceptional circumstances. In order to protect the interests of the child, your student / student can completely avoid compulsory vaccination and be admitted to school. If such access to school is denied, you will be able to obtain such a right In order to prove such inconsistency of the vaccination with the interests of the child, he must have appropriate contraindications that make such vaccinations only harmful to the child. “, – says Bodak.
As long as there is a conflict in the law, any decisions and amendments can be circumvented, avoided or appealed. So, according to Oleg Bodak, this decree should be canceled:
“Also, such obligations do not correspond to other fundamental rights and freedoms, in particular, the right to compulsory secondary education. In our opinion, such intervention in personal life of a preventive nature, that is, in order to avoid possible illnesses in the future, is far from meeting international standards of individual rights, and should be further revoked. “
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