These days the news of a Court that had considered correct the decision of a nursery not to admit a child because he was not vaccinated has come out in the press.
Can a judge force me to vaccinate my child?? Can the freedom of ideology deprive a child of his access to education?
As much as the judicial resolution is news and has generated some controversy, reality is simpler and more logical, and the court decision, necessary.
The argument of the Judge is devastating, the child's parents intend, that the consequences and risks of the decision they have made not to vaccinate their child are assumed by the rest of the population.
Thus, there is an evident collision between different rights, those of the majority are being preserved, and rights in something as important as health, that should always prevail over ideological freedom, especially when one's freedom affects the health and life of the rest of the population.
effectively, the fact that a child is not vaccinated does not only affect him, vaccine experts remind that children who are not immunized contribute to spreading diseases, even the vaccinated, plus, that a minimum vaccination coverage is necessary, otherwise the diseases can no longer be effectively controlled.
with that scenario, a State cannot risk having unvaccinated children, or to increase the number of those who are not. Diseases that we thought eradicated reappear, and there have been cases of children who have died from these diseases, something that is unacceptable.
Thus, although the judicial decision is impeccable, it is the public powers that have to protect the rights and health of the population, and measures similar to those of other countries should be adopted, some of our environment, that have directly legislated that without vaccines children cannot have access to public or private nurseries, or that withdraw tax aid from those who are not.
We cannot know if our children's partners are vaccinated, and whether or not they may be at risk, but the state does, and that is why he is the one who should control not only access to the nursery, but access to primary, when education is already compulsory for all children.
do we prefer that, or an ideologically free but sick society?