The opening of the anti Covid-19 serum ai minors starting from 2 June it could trigger conflicts and situations that are difficult to manage even for doctors and vaccination centers.
This also happens in times of pandemics. While the boys are setting a good example, queuing up to carry out the vaccine anti-Covid 19, parents, often in the process of separation, also quarrel over the serum.
At the expense of minors for whom the vaccination centers ask for the consent of both parents.
From a legal point of view, since the Covid-19 vaccine is not mandatory, the judge may not authorize the injection with the result that minors cannot be vaccinated.
But is it really so?
In cases of separation already in progress, the separation judge to whom the appeal to authorize the minor child to the vaccine will be addressed. In the past, however, in cases of disagreement between parents, the judge had held that he could not authorize vaccinations against the papilloma virus and meningitis because they were not compulsory, but optional.
In these cases, however, we read in the ordinance that the decision was taken because “there was no serious injury given the low spread of diseases on the national territory”. (Court of Milan, civil section IX, order filed on 9 January 2018). The case of Covid-19 is different today and therefore could lead to different rulings. Already on that occasion, however, the judge had called on the parents to “reduce their conflict, possibly also considering a limitation of parental capacity”.
The “great minors”
Many judgments of legitimacy then in our legal system have given weight to the will of the so-called great minors, or the boys next to age of majority. Although still a minor, in fact, those who reach that age are usually able to make life choices and consciously guide their decisions. Think, for example, of the possibility of interrupting school, carrying out work, or even getting married (in the presence of certain conditions) and recognizing children.
A consideration of this type could also apply to anti covid-19 vaccines. In fact, the Court of Trento with the decree of 20/07/2020 had already specified that “vaccination programs protect not only individual but also community health safety and for this had to be authorized (so also the State Council section III, 21/04/2017 n ° 1662).