A child without vaccinations: survival instructions. Especially for the GARANT system

Do citizens have the right not to vaccinate themselves and their children?

Yes they can. This is guaranteed by the Constitution of the Russian Federation (Article 41) and our legislation (Clause 1, Article 5 of Law No. 157-FZ). In general, in the legislative regulation of immunoprophylaxis issues, our country is on a par with the developed countries of Europe, where vaccinations are a voluntary and personal matter of the citizen. Art. 41 of the Constitution of the Russian Federation determines that medical care is the right of every person and citizen, but not an obligation.

Why, in reality, in any clinic, hospital or kindergarten, school, will they raise their eyebrows in surprise and strictly, in detail, find out the reasons for refusing vaccination, since this is a voluntary right of parents? This is explained by two reasons. First of all, because we all “come from the USSR”, and then vaccinations were a mandatory and indisputable benefit, which medical workers and officials continue to bring to the world. Secondly, government targeted funding for vaccinations plays an important role, because in the event of mass refusals to vaccinate, the state order will be “out of place.” Official figures: according to the Federal Law “On the Federal Budget,” they plan to spend from the state treasury on preventive vaccinations in 2021 - 11.6 billion rubles and 11.8 billion rubles each. - in 2021 and 2021 (clause 22 of Article 1 of the Federal Law of July 3, 2021 N 193-FZ “On amendments to the Federal Law “On the Federal Budget for 2021 and for the planning period of 2021 and 2020”) So that the official approach is this: we all vaccinate ourselves and our children together, but if you really, really don’t want to, you can refuse. If in doubt: open and carefully study paragraph 1 of article 5 of Federal Law No. 157 “On the immunoprophylaxis of infectious diseases,” which confirmed the right of citizens to refuse vaccinations.

You can refuse all vaccinations, as well as certain types, both yourself (clause 1 of article 5 of Federal Law No. 157) and in relation to your minor children (clauses 1 and 2 of article 20 of Federal Law No. 323-FZ). To do this, it is absolutely not necessary to have medical or other contraindications.

Kindergarten without vaccinations! Very accessible information.

Disputes between the authorities and “anti-vaxxers” over compulsory vaccination of children have been going on for several years. The wave of coercion for vaccinations rises and falls.

The 2021 coronavirus situation was a kind of “catalyst” for the process of tightening the government’s position on vaccinations. an end to this issue and close it forever.

After the adoption of this resolution, unvaccinated children will be barred from entering any public and private educational institutions, from kindergartens to universities.

This leaves “anti-vaxxers” no choice but to accept this and provide the necessary vaccinations to their children.

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In addition to the legal norms specified in these two laws, a parent can, when filling out a form for refusing vaccinations, refer to the Declaration of Human Rights, or more precisely to its Article 26 and the Constitution of the Russian Federation (Article 43).

These two legal documents state that every person has the right to receive an education. Nationality, religion, health status and many other circumstances are not a significant reason for refusing to admit a minor to an educational institution.

Important! According to paragraph 1, part 11 of the European Union Code, a person has the right to use any methods of prevention or treatment that will help him improve the general condition of the whole body.

There is no liability before the law, infringement of rights, or investigations due to refusal to vaccinate. This is the personal desire and choice of each person, and in the case of a child, the decision of the parents. They are the ones who take responsibility for the possible consequences of the absence of this medical procedure.

To enter any educational institution, you need to prepare a whole package of documents. You will have to collect papers, starting from an application with a request to take the child to kindergarten and ending with certificates confirming the child’s relevant health status. Health workers and kindergarten managers pay special attention to the availability of a certificate of vaccination against serious infectious diseases.

What diseases are vaccinated against in the Russian Federation:

• Hepatitis B
• Tuberculosis
• Polio
• Diphtheria
• Measles
• Whooping cough
• Tetanus
• Rubella
• Mumps
• Haemophilus influenzae infection

For more details on what they are vaccinated against, when and how often, see the National Calendar of Preventive Vaccinations, Appendix No. 1 to Order of the Ministry of Health of the Russian Federation dated March 21, 2014 No. 125n. You must understand: vaccinations are always an intervention in the body, and there are contraindications recognized by doctors when they are prohibited. The pediatrician is obliged to list these cases to parents, and also warn about the adverse consequences of vaccination (Clause 1, Article 20 of Federal Law N 323-FZ). However, as experience shows, doctors for some reason forget about this. Forewarned - forearmed! Contraindications to vaccinations can be absolute (cannot be done under any circumstances) and temporary (cannot be done only during the specified period). For more details, see paragraph 3. Medical contraindications for preventive vaccinations)

We do not do it during a period when the body is weakened (temporary contraindications):

• influenza or ARVI with fever (vaccinated no earlier than 2 months after recovery);
• chronic diseases (vaccination of a child is possible only after the approval of the attending physician);
• prematurity (vaccinate the child only after reaching 2 kg);
• immunosuppressive therapy (not allowed at this time);
• after a blood transfusion or administration of immunoglobulins (vaccination is possible no earlier than after 3 months).

For more detailed contraindications for each vaccine, see table. 1 Medical contraindications to preventive vaccinations Also, please note that paragraph 4 of this document lists possible severe reactions and complications to vaccinations: temperature above 40°C, swelling and hyperemia over 8 cm in diameter, anaphylactic shock, severe generalized allergic reactions (angioedema), Stevens-Johnson syndrome, Lyell syndrome, serum sickness; encephalitis, vaccine-associated polio; damage to the central nervous system with residual manifestations leading to disability, encephalopathy, serous meningitis, neuritis, polyneuritis, as well as manifestations of convulsive syndrome, generalized infection, osteitis, osteomyelitis, chronic arthritis. No one can guarantee one hundred percent whether something similar will happen or not after vaccination with your child, but, of course, it is advisable to know about it.

Is it possible to get into kindergarten if the child has not been vaccinated for medical reasons?

In no case should a sick or weakened child be vaccinated, but no one has canceled his right to go to kindergarten.

In this case, the same laws and procedures apply, only instead of refusing vaccinations, parents provide a medical exemption from the clinic, and missing vaccinations can be completed during a visit to kindergarten.

What risks do parents face if they don’t vaccinate their children?

All dubious aspects were assessed, thought through, and weighed. If in the end you decide “not to do it,” a lot of questions arise. Can the child be taken away? Do they have the right to force or can doctors themselves vaccinate a child in a kindergarten or school without your consent? Will intractable parents be sent to prison, as in Uruguay, for six months? There is only one answer to these “painful” questions: no. Let's return to paragraph 1 of Art. 5 Federal Law No. 157, which establishes that vaccinations are a voluntary matter and the decision of parents. There is no liability for refusal. Instead of punitive measures, we have established restrictions for unvaccinated citizens on leaving the country and admission to educational institutions (Clause 2, Article 5 of Federal Law No. 157-FZ). No one can hold a person accountable for exercising his right established by law!

Of course, if the child was not vaccinated because the parents did not care about him at all, and the child was actually “abandoned,” then this is a completely different story. If, in addition to the lack of vaccinations, in addition, improper fulfillment of other parental responsibilities is established (prolonged and systematic neglect of the child’s needs, lack of concern for his health, nutrition, neglect, unsanitary living conditions), then the issue may be raised up to the deprivation of parental rights (Article 69 of the Family Code of the Russian Federation) and administrative liability (Article 5.35 of the Code of Administrative Offenses of the Russian Federation). But these are already extreme cases, which, we hope, are not relevant to our readers.

Within the meaning of paragraphs 1-2 of Article 5 of Federal Law No. 157-FZ, parents should not be held accountable to the law even if their unvaccinated child eventually contracts a disease from the national vaccination calendar. On the other hand, those parents whose child, God forbid, suffered from vaccination, should not be held accountable before the law. After all, it was their choice too! However, no clear judicial practice has been developed in this regard at the moment.

More than once, some public figures, ministers and deputies have come out with a demand to oblige parents to vaccinate all their children, but so far the Duma has consistently rejected these initiatives.

Without what vaccinations will they not be accepted into kindergarten?

Some educational institutions may also require a certificate of other vaccinations. It is important to understand that immunization must be carried out only against the diseases listed above.

Prevention of other pathologies is carried out at will and the absence of other vaccinations cannot be an obstacle to enrolling a child in kindergarten.

The list of recommended vaccines includes the following:

Parents are worried that their child will not be accepted into kindergarten without vaccinations. Before going to the head of the preschool institution, you need to have your vaccination card endorsed by your attending physician. The vaccination form must contain notes on immunization against:

• hepatitis A;
• tuberculosis;
• whooping cough;
• measles;
• tetanus;
• diphtheria;
• mumps.

Heads of private institutions are more willing to admit children to kindergarten without vaccinations. But in establishments whose management is loyal to the National Immunization Calendar, the risk of contracting a bacterial or viral infection is quite high. Several years ago it was impossible to enter a kindergarten without vaccinations, but amendments were made to the law “On Immunoprophylaxis”, on the basis of which parents make the decision to vaccinate their children. Even on the basis of voluntary refusal of immunization, the management of the preschool institution is obliged to accept the child.

In Russia there are a large number of different laws at the federal level. For example, Law No. 157, which is called “On Immunoprophylaxis of Infectious Diseases.” However, parents have the right to refuse vaccination. On the other hand, there are several nuances here:

• They may prohibit leaving the country without vaccinations, which are planned for epidemiological reasons;
• Refusal to visit children. kindergarten and school, albeit temporary; may be denied access to kindergarten in case of mass illnesses of children;
• Refusal to work if there is a high probability of contracting infectious diseases.

Remember, the manager cannot refuse to admit a minor to kindergarten without a good reason; the lack of certain vaccinations is not considered a significant reason. They can be allowed into the garden without vaccinations, but it is worth remembering about temporary refusals.

Vaccination is a personal matter for everyone; no one can force it. Is it possible to attend kindergarten without vaccinations? The answer is ambiguous; they cannot officially force you to refuse. You can visit kindergarten. The form can be taken at a medical institution or downloaded on the Internet.

What should you do if you brought your child to kindergarten, but the manager refuses to accept him? As mentioned above, Federal Law No. 157 states that no one is required to undergo mass vaccination. Everyone's decision is individual. No one can forcefully administer vaccines.

Parents can always try to defend their rights. To do this, you should collect the necessary package of documents, and most importantly, a written refusal to vaccinate. By referring to federal law and providing a written refusal, you can defend your rights.

Will they be allowed into kindergarten and school without vaccinations?

Many are convinced that without a vaccination card a child cannot be placed anywhere. However, it is not. The state is obliged to ensure that every person has the right to education and its accessibility to the general public (clause 2 of article 41 of the Constitution of the Russian Federation). Therefore, they are required to take a child to educational institutions regardless of the presence/absence of vaccinations (Clause 3, Article 5 of Federal Law No. 273-FZ “On Education in the Russian Federation”). But let’s not lie, parents can still get on their nerves.

The law provides only 2 consequences for unvaccinated children. Firstly, unvaccinated children may be temporarily (for as long as there are reasons) not allowed to attend classes in the event of mass infections or the threat of epidemics. Secondly, they may not be released from the Russian Federation to countries where vaccinations are mandatory (Clause 2, Article 5 of Federal Law No. 157-FZ).

Thus, a child may indeed be suspended from school, but only for the period of quarantine while the epidemic rages. And not just because the school director “imagined” the epidemic. An official decision on the epidemic in the region and the announcement of quarantine must be approved. It is announced by local authorities on the orders of chief sanitary doctors and their deputies (clause 2 of article 31 of Federal Law N 52-FZ “On the sanitary and epidemiological welfare of the population”).

Are you accepted into kindergarten?

Many parents who decide to refuse vaccination face problems when enrolling in preschool institutions. This situation arises from the belief that an unvaccinated child can infect other vaccinated children. Below are documents that confirm the illegality of such a refusal.

Since 2014, the situation has become even more complicated with the entry into force of new sanitary and epidemiological rules “Prevention of Tuberculosis”.

According to the new rules, children's organizations do not have the right to accept children who have not been examined for tuberculosis. In this case, you must provide a certificate from a TB doctor stating that the child is healthy.

Sending a child home without a polio vaccine during mass vaccination?

Recently, when vaccinating children in kindergartens with a “live” polio vaccine, the rights of preschool children who do not have vaccinations are violated. They are sent home from kindergartens for almost 2 months. The managers refer to sanitary rules, according to which they are supposedly obliged to do this during mass vaccination. Meanwhile, Rospotrebnadzor explained that this is illegal and recommended reading the resolution more carefully (clause 9.5 of the Sanitary and Epidemiological Rules SP 3.1.2951-11).

And it states that when vaccinated against polio, unvaccinated children are separated from children vaccinated with the vaccine for 60 days (and not removed from institutions), and it is the direct responsibility of the heads of kindergartens and schools to organize separate stays for such children within the walls of the educational institution (clause 9.5 Sanitary and epidemiological rules SP 3.1.2951-11).

Mommies, tell me whose children go to kindergarten without vaccinations.

Children are vaccinated at one year and 6 years old. The infection is transmitted by airborne droplets; children aged 2-5 years are most susceptible to infection. The vaccination site should not be wetted during the day. It is also better to refrain from visiting public places with your baby. The vaccine is administered subcutaneously into the shoulder or under the shoulder blade.

If a domestically produced vaccine is given, in which rubella and mumps-measles vaccines are contained separately, then 2 injections are given under different shoulder blades or in the shoulder and under the shoulder blade. In a foreign vaccine, all three components are combined together, and such separation is not required.

Newborn children are vaccinated against tuberculosis on days 3-5 with the BCG vaccine. Contraindications are:

1. prematurity with body weight less than 2 kg;
2. birth injury;
3. intrauterine infection;
4. immunodeficiency;
5. skin diseases.

In this case, vaccination is postponed or carried out using a weakened BCG-M vaccine. The vaccination is done intradermally (not to be confused with subcutaneous injection!) into the left shoulder , a point is selected on the border of the upper and middle third of the shoulder.

To do this, it is convenient to use the “Medical Cabinet” software module of the System for Monitoring the Activities of an Educational Institution (SKDOU). In it you can create a vaccination plan for each group, as well as keep various medical journals:

• vaccination log,
• morbidity register,
• journal of infectious diseases,
• Cap monitoring log infections,
• keesh observation log. infections,
• lice examination log,
• Children's Food Allergy Journal,
• mantoux staging log,
• journal of vaccines and drugs,
• and others.

You can try the program for free here.

Author of the article: Lidiya Sitnikova

Vaccines according to the generally accepted plan:

• polio,
• rubella,
• mumps,
• measles,
• BCG,
• DTP and ADS-m.

These vaccinations are among the mandatory ones for kindergarten.

The following are considered optional:

• pneumococcal,
• flu,
• hemophilus influenzae virus and others.

Why is this list considered mandatory? The list includes the most common viruses that are found in kindergarten.

It is better to do the mandatory ones according to the schedule, and not before going to kindergarten. But for the flu or manta ray test is done by medical workers with the permission of the parents.

Mantoux is not a vaccination and will you have to do it?

If in terms of vaccinations in kindergartens and schools they have already relatively come to terms with “refuseniks,” then in matters of mantu, not everything is clear. Often, school doctors present parents with a choice - either manta (recently in a number of regions they have begun to be replaced with diaskintest) or a certificate from a phthisiatrician about the child’s health condition. Otherwise, the child may not be allowed to attend school. At the same time, the TB doctor does not simply issue a certificate to the child. He will require an X-ray of the child’s lungs and all members of his family, and this is free. Or, for money in paid centers, they will ask you to have your child’s blood tested. And only after this will it issue a conclusion on the basis of which the child will be allowed to attend classes.

This is justified as follows: you have the right to vaccinate your child or not, and Mantoux is not a vaccination, it is a screening of the child’s healthy condition, so you cannot refuse the Mantoux test.

The Prosecutor General's Office and the Office of the Commissioner for Children's Rights became interested in the legality of removing children from the educational process due to the lack of mantu. As a result, at an interdepartmental meeting in May 2021, officials came to the conclusion *(1) that restricting a child’s right to attend schools and kindergartens due to the lack of mantu is unacceptable, since the state must ensure the constitutional right of every child to education. The Commissioner for Children's Rights confirmed*(2) that “the current legislation does not provide for any consequences of refusing the Mantoux test or performing a fluorographic examination, and also does not provide for additional examinations by specialists of unvaccinated children, taking additional tests and undergoing additional procedures.” Thus, no one has the right to force you to make mantu for your child.

Despite loud statements, court decisions on parents' complaints are extremely contradictory. In 2015, the Supreme Court of the Russian Federation, in its decision dated February 17, 2015 N AKPI14-1454, refused to invalidate sanitary standards. The article on the admission of unvaccinated children only with a certificate from a phthisiatrician was appealed (paragraph 2, clause 5.7 of the Sanitary and Epidemiological Rules SP 3.1.2.3114-13). The Supreme Court considered that this norm is legal, since it is aimed “at preventing the occurrence and spread of tuberculosis, as well as respecting the rights of other citizens to health protection and a favorable living environment.” Sanitary rules do not provide for medical intervention without parental consent and therefore they do not contradict the Constitution of the Russian Federation and laws. The rules do not contradict, but what to do with children who are not allowed into the kindergarten - the question remains open.

Regional and district courts create their own law and, when resolving cases, answer this question differently. In case No. 2-2459/15, the Butyrsky District Court of Moscow on 06/03/2015 declared illegal and canceled the order of the head of the educational institution not to admit the girl to kindergarten without a certificate from a phthisiatrician. The court found that the child's rights to education were violated.

The appeal ruling of the Yaroslavl Regional Court in case No. 33-1459/2016 declared it illegal to prevent a child from entering a kindergarten without a mantu and without a certificate from a phthisiatrician. The court indicated that a certificate from a TB doctor is not a mandatory document for admitting a preschooler to kindergarten.

On June 29, 2021, the Chelyabinsk Regional Court refused to satisfy the claim of E.T., whose son was banned from attending kindergarten at the end of 2021 due to the lack of a Mantoux test. The regional court confirmed that the child was removed from the educational process legally. But in Miass of the same Chelyabinsk region in 2021, the court, on the contrary, sided with the parents who did not give mantu to the child and did not take him to a TB doctor. The court considered that the school did not carry out the full range of measures to organize the early detection of tuberculosis in children and there was no reason to send the student to a phthisiatrician.

Until the judicial authorities have developed a unified approach, parents can adhere to the official position of the Prosecutor General's Office (see letters dated 09.09.2015 N 72/1-1164-14, dated 29.10.2014 N 72/1-1164-14, dated 11.09.2014 N 72/1-1164-14).

The documents explain that the only basis for temporarily refusing admission to kindergartens and schools for children without vaccinations is, according to the law, only the occurrence of mass infectious diseases and the threat of epidemics. The Federal Law “On preventing the spread of tuberculosis in the Russian Federation” provides for anti-tuberculosis assistance to the population with the consent of citizens (clause 2 of article 7 of Federal Law No. 77-FZ). The principle of voluntariness of tuberculosis care (provided there is no contact between the child and a tuberculosis patient) means that parents have the right to refuse mantu, and this should not entail a ban on visiting schools and kindergartens. At the same time, restrictions on admission to schools and kindergartens do not apply to all minors, but only to those children for whom there is already reasonable suspicion of tuberculosis or whose contacts with patients have been confirmed.

Recently, changes have taken place to tighten regulations regarding citizens who may be the source of the disease. In August 2021, persons under dispensary observation in connection with tuberculosis were required to undergo a medical examination and preventive measures as prescribed by a doctor, including through the use of medications (Clause 1 of Article 13 of Federal Law No. 77).

This means that if a patient with tuberculosis is identified at school, his classmates will be taken under dispensary observation, and this is done regardless of the consent of the children themselves or their parents (clauses 1-2 of article 9 of Federal Law No. 77). And here it will no longer be possible to refuse medical examinations and preventive measures prescribed to them by a phthisiatrician (clause 1 of article 13 of Federal Law No. 77). It will also be impossible to refuse these measures for persons whose Mantoux test turned out to be abnormal. At the same time, the mantoux turn of another child in the same educational institution in itself is not a basis for introducing dispensary observation of other children (clauses 1 - 4 of article 9 of Federal Law No. 77).

The general conclusion is this: parents still have the right not to make mantu for their child and not to visit a TB doctor with him. But if your schools or kindergartens go into confrontation, then you will have to seek admission to the educational institution in the judiciary. Each parent, taking into account the above, will independently decide which option is more acceptable for him and his child - to defend the right to refuse in court, to make a mantu or go to a phthisiatrician.

Consequences of refusal, responsibility

The ability for parents to make their own decision about vaccination is their right, but it is also a responsibility, so it is necessary to be aware of the possible consequences.

• 
  The first thing that refuses parents are intimidated by is the likelihood that the child will get sick.
  This issue is controversial and ambiguous. Under favorable sanitary conditions the risk is not that great. However, if this issue still worries you, then you can get vaccinated partially, according to an individual schedule, against those viruses that are most common.

  Vaccinations against polio, rubella, measles, mumps, tuberculosis, and DPT prevent the most common diseases.

• Another difficulty that parents of unvaccinated children face is difficulties in enrolling in kindergarten. And although these obstacles are unreasonable, parents need to be prepared to overcome them.
• Vaccination is also carried out in kindergarten. This may result in an unvaccinated child being removed from the group for up to 60 days. By law, parents can write a statement that they refuse to leave the group, taking responsibility themselves, but most often health workers try to prevent this because they fear the possible consequences.
• And the most distant consequences that you may encounter are the inability to apply for certain positions or travel to certain countries.

Teenagers make their own decisions about vaccinations

Parents, do you know that after 15 years old children are recognized as independent citizens of the Russian Federation in matters of medical intervention? Part 2 Art. 54 Federal Law N 323-FZ now trusts them to decide their own health issues. Therefore, you should discuss, discuss and explain all these topics with your child in advance!

This means that if suddenly your grown-up child begins to get vaccinated despite your refusal statements, or, on the contrary, declares that vaccinations are a universal evil, and he will never do them again, then you just have to accept it. Now his health is in his hands! It is he who signs the voluntary informed consent or refusal provided for in Part 7 of Art. 20 of the specified Federal Law No. 323. From now on, the “headache” for this decision will be removed from you. Of course, except for cases when he himself cannot demonstrate this will due to emergency medical indications with a threat to life) (Part 9 of Article 20 of the said Federal Law No. 323)

So it turns out that from now on parents can forget about the health of their children? No, that's not true! The Family Code of the Russian Federation (Part 2, Article 63) classifies caring for the health of minors as the fundamental rights and responsibilities of parents. It says that parents “have an obligation to take care of the health, physical, mental, spiritual and moral development of their children.” So you still have to take care, take care of your children in good health!

But no one is anymore authorized to educate you about the health of your children and open information on their medical records (except in cases of drug addiction). Keep in mind that the concept of medical confidentiality applies to the health of children. Medical confidentiality includes all information about the state of their health, diagnoses and decisions made by them (Part 1 of Article 13 N 323 of the Federal Law). From the age of 15, doctors can inform you about these decisions, in particular about vaccinations, only with the written consent of the teenager himself (Part 3 of Article 13 of Federal Law No. 323). Although in practice the opposite often happens, and doctors, in the old fashioned way, “lay out” all the medical ins and outs about the teenager to parents.

The ban on disclosing medical confidentiality is provided for in Part 2 of Art. 13 Federal Law No. 323. It is in your power to provide your child with all the information about the upcoming vaccination, its contraindications and consequences, the possibility of refusal, and then count on his reasonable and informed choice.

Stages of preparing documents for registration of a child without vaccinations in kindergarten

Ideally, the solution to such a sensitive issue should be peaceful. To do this, you need, first of all, to establish contact with the management of the preschool institution. Once you are sure that you are accepted, you can write an application.

During the period of preparation for kindergarten, it is necessary to visit the future preschool institution, communicate with the head and ask all the organizational questions that concern you.

The next step is to prepare the necessary documents, which are listed in the regulations “On preschool primary institutions”:

• birth certificate;
• direction from GORONO, if you queued up on the government services website, then a printout from this website;
• an extract from the medical record about the child’s health, permission to visit the children’s group;
• instead of the required vaccination certificate - a written refusal to be vaccinated.

To get a medical extract, go to your local pediatrician, where you will receive a list of tests that need to be taken and a list of specialists performing the examinations. All medical examination data is entered into the medical record. At the end, the doctor will write a conclusion that the child is completely healthy and can attend kindergarten. The last step will be the seal of the head of the pediatric department.

What is the result? A child without vaccinations clearly has the right to attend kindergarten. When management staff at a clinic or preschool interfere with you, contact higher authorities. With all this, do not forget about the most important thing - the health of your children and their peace of mind, try to achieve your goal through peaceful means. Let the kindergarten bring you and your children only pleasant emotions.

What about the army and the institute?

At institutes, documents for admission are required to be accepted regardless of the presence of vaccinations (clause 3 of article 5, article 69-70 of Federal Law N 273-FZ “On Education in the Russian Federation”, clauses 52-79 of the Appendix to the Order of the Ministry of Education and Science RF dated October 14, 2015 N 1147).

The story is the same with the army, because our conscript is a full citizen of the Russian Federation and, like everyone else, has the right to choose whether to get vaccinated or not. But it’s much harder to fight for your rights in the army than anywhere else. It turns out that in theory and legally he can refuse, but in reality, vaccinations in the army are given to all soldiers without clarifying the nuances and their wishes.

But, we emphasize once again, in accordance with paragraph 3 of Art. 20 Federal Law N 323-FZ “a citizen, one of the parents or another legal representative of a person has the right to refuse medical intervention or demand its termination,” including during military service in the armed forces of the Russian Federation. In this regard, soldiers' mothers from time to time complain in the press about the illegality of total vaccination of conscripts.

What to do and where to go if you receive a refusal

You need to remember your rights when you are refused when trying to send your child to kindergarten. But the chances of achieving justice are much greater if there is a medical outlet. Possible reasons to get it:

• frequent allergic reactions;
• temperature increase;
• exacerbation of chronic diseases;
• dysfunction of the nervous system, which provokes increased excitability;
• changes in blood pressure;
• underweight

If a child is refused admission to kindergarten, it is necessary to prepare some documents. This will allow you to operate with facts when talking with the manager.

Preparation of documents at a local clinic

When parents are going to send their child to kindergarten, they must immediately go and get a certificate confirming that vaccination is not carried out for medical reasons. To do this, you should contact your pediatrician. At the stage of passing the medical examination for admission to the kindergarten, difficulties may also arise: hospital staff do not always want to enter information about refusal of vaccination into the outpatient card.

In this case, you must contact the head/chief physician of the medical institution. Difficulties may also arise when talking with him. In this case, we need to remind you of the right to refuse vaccination. No one can be forced to get vaccinated. It is necessary to ask the manager to provide a written statement about the reason for the refusal to issue the necessary documents.

Complaint about a medical institution

You can influence the decision of the director/chief physician of the clinic. To do this, you should submit an application to the prosecutor's office, the Department of Health. It is recommended to describe the current situation in detail. The more truthfully and clearly the text is presented, the fewer questions will arise when reading the statement. This will allow employees of the organizations where the parents contacted to quickly understand the situation.

Submitting documents to kindergarten

If you have managed to collect all the necessary certificates, new obstacles often arise, but only at the stage of admission to a preschool institution. First, the kindergarten medical worker, and then the director/manager, voice non-existent problems associated with the child’s admission: he is not accepted because there are no places, he has not yet reached the age threshold when children are accepted into the group, or he is required to bring additional documents from pediatrician

In each of these cases, the refusal must be in writing. Almost always, kindergarten employees do not provide such documents, which means that the previously announced prohibitions on the child attending the group are illegal. You can contact your district education department. This will make sure that the place is assigned to the child and there are no obstacles to his entry into kindergarten.

Complaint against commission employees or kindergarten employees

When it was not possible to achieve a result, having all the necessary certificates in hand, you need to contact further: the prosecutor’s office, the district administration. A statement describing the situation should be left at each institution. Copies of certificates received from medical institutions are attached to it.

What if they insist on getting vaccinated?

Unfortunately, the rights guaranteed by the Constitution are not respected everywhere. What to do if, despite the above laws, the head doctors do not sign the children’s medical records, the directors refuse admission to the kindergarten, school, and do not allow them to enter educational institutions and clubs without vaccinations?

We sincerely recommend that you negotiate peacefully about children. Talk again and again. Try to convince the intractable manager to once again consult with his superiors before making a final decision.

When peaceful methods have been exhausted, but have not led to the desired result, then use the “heavy artillery”. Hint that, in fact, your rights are currently being violated, and the prosecutor’s office is carefully monitoring this case. Tell us about the checks that may follow from supervisory authorities and the prosecutor's office if someone decides to complain. And legal proceedings with parents will not add “glory” to the educational institution and its management. The words “Rospotrebnadzor”, “Rosobrnadzor” (for kindergartens and schools) and “Roszdravnadzor” (for clinics and hospitals) always work magically. It happens that at this moment the leaders suddenly “make a concession” and the child is enrolled.

If that doesn't work, then file the complaints you threatened. We advise you to record all conversations with a voice recorder, and request refusals from educational and medical institutions in writing. Indicate your contact information in the complaint, provide a link to N 157, which gives you the right not to vaccinate your child, tell what exactly was violated, sign and send the complaint to higher authorities (Ministry of Education, Ministry of Health), as well as to the prosecutor's office, demand an inspection. At the same time, you can file a complaint with the court. The courts have become accustomed to parental complaints and are reacting correctly.

We wish that all issues regarding the health and education of the child are resolved by parents and officials through negotiations and discussions, in full compliance with Russian legislation!

October 2021 Author:

Skosarenko E.E., candidate of legal sciences, lawyer
Source:
System Garant

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How to achieve a positive decision through court?

If the medical institution refuses, then repeat the application with registration and ask for a written justification for the negative decision. As a rule, after such a request, the head of the clinic makes concessions and issues the necessary permission to visit the garden. If there is a refusal in the written response, then you should go to court with a claim for violation of the rights of the child, having first consulted with a lawyer.

First of all, the court is interested in protecting the rights of the child, and therefore, without significant justification for the refusal on the part of the defendant, the court will make a decision in favor of the plaintiff. After the court makes a decision, the applicant is issued a court order. The received document must be submitted to the clinic and, based on this, require a certificate for the kindergarten. This will confirm the fact that the child is not sick and can contact other children.

If, after providing all the necessary certificates, the child is still not accepted into kindergarten, then the same series of procedures must be performed as with a medical institution. Only now the claim needs to be prepared in relation to the educational structure.