The 14-year-old was as opposed as her mother. The Family section of the Civil Court of Milan intervened to settle a dispute between two parents about the will of the 14-year-old daughter not to get vaccinated. The father was favorable, the mother was not
Judgments authorizing a separated parent to vaccinate their child against Covid despite the contrariet of the other parent have already occurred, always on the assumption that this was in the interest of the minor, eager to get vaccinated, but hostage to the impasse between the quarreling parents : but what if, for example, with the mother against and the father in favor, the 14-year-old daughter does not want to be vaccinated?
The Family section of the Civil Court of Milan, in authorizing her father to have her vaccinated anyway, takes one decision destined to be discussed because it does not believe that it complies with the manifestation of the will not to vaccinate expressed by the girl, as it perceives a too close correlation with the mother’s will, contrary to vaccination with a priori positions that completely neglect the approaches to international science, so that the girl is believed to have not received adequate information and therefore cannot express a truly informed consent / dissent. The Social Services of a Municipality in the Milanese hinterland, to which the daughter had been entrusted years earlier by the judges, did not feel like making a decision, not considering themselves competent because Covid vaccination is not among the mandatory ones. So the question returned to the face of the Court, which then heard the minor as a practice: Both dad and mom – explained the 14 year old to the president Anna Cattaneo and to the judges Rosa Muscio (former prosecutor of the crime of Garlasco) and Valentina Maderna – they asked me what I wanted to do, I have heard on tv and seen on the internet that a new vaccine, and that, although very low, there is a possibility of side effects. Since the new vaccine, I would like to wait a little longer. I was not influenced by my mom in my decision. I don’t go to restaurants or in closed places where the green pass is needed. Therefore I would not like to get vaccinated for now.
The decision of the judges
The Court, in settling the conflict between the father, assisted by the lawyers Raffaella Caserano and Andrea Invernizzi, and the mother followed by the lawyer Antonella Vettore, lists the scientific evidence at national and international level which has ascertained the absolute efficacy and safety of vaccination not considered by the mother, who – the judges believe to add – neglects, among other things, the warning of the President of the Republic who on July 28 said that vaccination is a moral and civic duty. And if the hearing of the minor is fundamental to determine what his interest is and to collect his opinions and needs, this priority point – adds the Court in the wake of a sentence of the Supreme Court of 2015 – does not determine the obligation of the judge to comply with the indications of the minor, since the overall evaluation of his superior interest may lead to departing from them. For judges, in fact, decisions in the medical field are in some cases too delicate and complex, as well as extremely important, to be evaluated by a 14-year-old boy, especially when, as here, the information was conveyed in an unclear and certainly not complete way, as well as already guided by an a priori decision taken by the mother, with whom the daughter has lived the most. Thus the Court motivates not to believe to comply with the manifestation of will expressed by the daughter, and instead authorizes the father to take, independently and in the absence of maternal consent, any decision relating to vaccination against Covid. However, first she will have to take care to inform her daughter, through specialized health personnel, of the opportunity to vaccinate to protect your health, in order to reassure the minor, but without making vaccination subject to her consent.
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November 29, 2021 (change November 29, 2021 | 09:33)
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