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The Council of State ruled that the constitutional public purpose of providing that the state take care of public health allows children to be expelled from nurseries and kindergartens, in case the parents refuse to vaccinate them.
In particular, four children from an equal number of municipal kindergartens were expelled from the East Macedonia municipality as, despite warnings to their parents, they refused to vaccinate them against known childhood diseases.
One of the parents, whose daughter was expelled from kindergarten, appealed to the CoC requesting the annulment of the city council’s decision of 14.1.2020, as unconstitutional and contrary to the European Convention on Human Rights (ECHR).
Parents claimed that their daughter was “punished” for not receiving one of many vaccinations and that her peers and peers treated her differently, for no apparent reason, while her participation in social life in general was substantially limited. as kindergarten is a point of socialization and development of the personality of infants and a burdensome measure is imposed on it, which is not necessary, since the child is healthy, there is no case of pandemic and the other children enrolled in the kindergarten have received the prescribed vaccinations. “
The CS (decision 2387/2020) indicates that the minor’s health card indicated that the minor was “not vaccinated” and that she had to complete the fourth dose of vaccination against whooping cough, polio, pneumococcus, etc., while there is no received no dose. of the meningococcal, measles-mumps-rubella, chickenpox, hepatitis A and rotavirus vaccines.
The CS rejected as unfounded all the allegations of the parents and considered constitutional and legal the decision of the municipality to expel the minor from the nursery, emphasizing that “it would be contrary to the principle of equality not to vaccinate a person, alleging that, if he lives in a safe environment because other people in their environment have been vaccinated ”.
Source: skai.gr