Failure to be vaccinated against polio is not a basis for refusing a child to attend kindergarten. Children who have been vaccinated and children whose parents have refused vaccination have equal rights to attend an educational organization.
However, in some places the rights of children without polio vaccination are violated. Why? This is due to the legal illiteracy of the director of the kindergarten or his personal position - he believes that the rights of the vaccinated person are a priority, because he didn't break anything.
The situation is becoming even more tense now amid the spread of coronavirus. Children who have not been vaccinated against polio are increasingly excluded from visiting for a period of 60 days from the day any child in the group was vaccinated.
According to parents, the kindergarten management refers to some new norms that prohibit them from transferring students from one group to another, as was done before. And all this with reference to the threat of the spread of coronavirus.
How legal is this? – parents of unvaccinated children ask me.
Of course this is illegal. Let's look at the situation from a legal point of view.
How has the law changed? What are the rights of children without polio vaccination now?
Federal law, as before, does not make the right to education dependent on the presence or absence of a polio vaccination. All children are equal, all have the right to attend kindergarten.
At the same time, the Sanitary Rules SP 3.1.2951-11 “Prevention of Poliomyelitis” continue to apply. And clause 9.5. These rules establish that children who do not have information about immunization against polio, who have not been vaccinated against polio, or who have received less than 3 doses of polio vaccine, are separated from children vaccinated with OPV vaccine within the last 60 days for a period of 60 days from the date the children received their last vaccination OPV. They separate them, but do not exclude them from visiting or isolate them.
The term “separation” is neutral; it does not give rise to a conclusion about the priority of the rights of the vaccinated over the unvaccinated. But how this disunity is organized locally is another question.
Adequate leaders assess how many vaccinated pupils are in the groups, how many are unvaccinated or have received less than 3 doses of the vaccine, and taking this into account, decide which of them should be transferred to another group in kindergarten to ensure their separation.
In cases where the management of a kindergarten is legally illiterate and is opposed to unvaccinated children, they transfer the unvaccinated children to another group, even if in a particular case there are more of them than the newly vaccinated.
Of course, this approach cannot be called reasonable, because... it is not based on an objective and impartial assessment of circumstances, but on the personal preferences of the leader. But this is not the worst option.
Even more dangerous from the point of view of violation of children's rights are situations when unvaccinated people are excluded from visiting altogether. And now the fact of the threat of the spread of coronavirus has been used as an argument.
It was the situation with coronavirus that the heads of kindergartens began to refer to, refusing pupils to attend kindergarten and to transfer from one group to another for a period of 60 days.
And as practice shows, it is the unvaccinated pupils who are affected, and not the child who, 60 days after vaccination against polio, is a source of danger, due to which sanitary standards require separation in order to avoid the occurrence of vaccine-associated polio (VAP).
Poliomyelitis: refusal of vaccination
Among the refusals of all vaccinations, the greatest difficulty for parents is the refusal to vaccinate against polio, or rather not the refusal itself, but its consequences, since when vaccinated with a live polio vaccine, according to doctors, the child poses a risk of infection for unvaccinated children. And although this statement in itself is controversial, in practice doctors often violate the law and suspend children from attending kindergarten for a period of 60 days. Due to the fact that this period is long, and sick leave at work is not provided on such grounds, many parents, not being able to leave their social life for the specified time, experience difficulties in solving this problem. In this matter, one cannot do without the advice of a competent legal specialist. Let's try to figure out who is right after all and whether such a removal of a child from attending kindergarten is legal.
It is important to note here that in case of refusal of other vaccinations, the law “On Immunoprophylaxis of Infectious Diseases”
(hereinafter referred to as Law No. 157-FZ) the following restrictions are established (the list is exhaustive):
- a ban on citizens traveling to countries whose stay, in accordance with international health regulations or international treaties of the Russian Federation, requires specific preventive vaccinations;
- temporary refusal to admit citizens to educational and health institutions in the event of the occurrence of mass infectious diseases or the threat of epidemics;
- refusal to hire citizens for work or removal of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.
Based on the law, we see that refusal of any vaccination does not entail restrictions on visiting educational institutions, unless this concerns a temporary refusal to admit newly arriving children in the event of mass infectious diseases. Thus, the absence of vaccinations entails only the listed consequences and no others. Consequently, refusal to be vaccinated against polio cannot entail consequences unforeseen by federal legislation in the form of non-admission of children to educational institutions if there are recently vaccinated children there. If we consider this restriction using the example of polio, then in order for a newly arriving child not to be allowed into the staff of an educational institution, it is necessary that the disease with polio be widespread among students. Here we need to clarify one detail: diseases of the “wild” polio virus have not been registered in our country since 1997, that is, all these problems are associated specifically with vaccine polio. In other words, certain benefits created by our medicine are used to openly discriminate against certain layers of citizens who had the courage to refuse these “benefits.”
Where did the demand to exclude a child who has not been vaccinated against polio from attending kindergarten come from? Let's read the instructions for the polio vaccine. POLIOMYELITE VACCINE, oral, types 1, 2, 3, oral solution (the text of the instructions is publicly available on the Internet and can be found). Excerpt from the instructions for this vaccine:
“Side effects: There are practically no side effects from the administration of the vaccine. In some vaccinated people who are predisposed to allergic reactions, allergic complications in the form of a rash such as urticaria or Quincke's edema can extremely rarely be observed. The occurrence of vaccine-associated paralytic poliomyelitis (VAPP) is extremely rare both in vaccinated people and in persons in contact with vaccinated people. To limit the circulation of the vaccine virus among people surrounding the vaccinated child, parents should be explained the need to observe the rules of personal hygiene of the child after vaccination (separate bed, potty, bedding, clothes separate from other children and the need to isolate the vaccinated child in the family from immunodeficiency patients).”
So, it turns out that there is an extremely rare possibility of contracting vaccine-induced polio. Note that both vaccinated children and unvaccinated children are susceptible to this when they come into contact with vaccinated people. Consequently, the application of sanitary rules SP 3.1.2951-11 “Prevention of Poliomyelitis” is aimed at reducing such risks. In accordance with the requirements of sanitary rules in section IX “Measures for the prevention of vaccine-associated cases of polio (VAPP)”, in order to exclude cases of infection with vaccine polio, unvaccinated children are separated from vaccinated children, as stated in paragraph 9.5: “p. 9.5. In medical organizations, preschool organizations and general educational institutions, summer health organizations, children who do not have information about immunization against polio, who have not been vaccinated against polio, or who have received less than 3 doses of polio vaccine, are separated from children vaccinated with OPV vaccine within the last 60 days for a period 60 days from the date the children received their last OPV vaccine.”
Note that the key phrase in the above paragraph is “unvaccinated children are separated from vaccinated children.” They separate people, not remove them. That is, this means that your child should be transferred to another group, and not prohibit you from attending kindergarten at all.
In practice, it often happens that the kindergarten administration has not created conditions for separating children, for example, there is no place in a group that suits your age or, in principle, there is no other group, for example, if the kindergarten is located in a small locality, such as a village or district center, and there is only one group of children of each age. In this situation, this is not the problem of the child’s parent, but the problem of the kindergarten administration. Because in this case everything is simple: create the conditions, and then vaccinate. There are no conditions for disunity - don’t vaccinate. If you suddenly need the administration or honey. workers are trying to serve a notice that your child is being suspended from visiting the kindergarten, demand an official order to remove the child and go with it to the prosecutor's office or court. In this case, law enforcement agencies will be on your side, since the law does not provide such a basis for removing a child from attending kindergarten.
I also recommend doing the following: Firstly, to contact the prosecutor's office and the court, you will need to provide evidence of your illegal removal. The main evidence here is the removal order signed by the manager. Please remember that any other written or oral instructions have no legal force and are advisory in nature. That is, when you contact the prosecutor's office, an inspection will be carried out, during which all the necessary information will be requested from the kindergarten administration, as a result of which it will turn out that no one has officially suspended you, and you do not voluntarily go to the kindergarten and the administration has nothing to do with it . Based on the results of this inspection, a conclusion will be given that no violations of the law have been identified. Naturally, you will turn out to be extreme, and no one will bear responsibility for this. If, before the official order of removal, you suddenly encounter physical opposition to admitting you to a child care institution, I recommend drawing up an act. To draw it up, you will need two witnesses (the form of the act is in the appendix).
Next, I also recommend getting a voice recorder of the conversation with the manager as evidence. She must be informed that a recording is being made, but her consent to the recording will not be required, since it is only needed if you decide to publish this recording in the media. In the conversation, it is worth mentioning the illegality of removing a child from attending kindergarten with references to the law.
If the head agrees with your arguments and does not remove your child by drawing up an illegal order, you have two options on what to do. You can ask to separate your child from vaccinated children by transferring him to another group for 60 days, or ask to remain in your group and write a receipt (example in the appendix) stating that you are aware of the possible consequences and take responsibility. This is especially true if not the whole group is being vaccinated, but one or two children, and any risk in this case tends to zero, and transferring to another group will cause stress to your child.
The text of the receipt can be drawn up in any form; the key point here is that you are familiar with the consequences and assume all risks. Attached is an approximate text of the receipt; you can use it as a basis or create your own version.
Sample act on non-admission of a child to an educational institution
Receipt of refusal to vaccinate a child and warning of possible consequences sample
Elena's contacts for all parents who need advice or help, +7-921-634-55-35.
What are the new standards for children attending kindergarten without vaccinations in the context of coronavirus?
The situation with coronavirus dictates its own conditions and authorities are taking different measures.
But no changes were made to the sanitary rules SP 3.1.2951-11 “Prevention of Poliomyelitis” to allow children without vaccination to be excluded from attending kindergarten.
However, during this time of increasing incidence due to coronavirus, other sanitary standards were adopted, which, probably, the management of the kindergarten began to interpret as allowing them to exclude children from attending.
A special situation when carrying out preventive vaccinations against polio
If parents refuse to vaccinate their children, the management of the preschool educational institution is obliged to explain the possibility of development of vaccine-associated polio in unvaccinated children and offer not to attend the vaccination group for 60 days, because signs of illness may occur. According to the Letter of Rospotrebnadzor dated December 14, 2010 No. 01/17427-0-27 “On the exclusion of unvaccinated children from attending preschool institutions,” the administration of a preschool educational institution does not have the right to prohibit a child who has not been vaccinated against polio from attending kindergarten , but the parents of the preschooler are responsible for the occurrence of signs of the disease.
The management of the kindergarten may offer to visit another child care institution during this period or refuse to visit. But if the child is left at home, the sick leave will not be issued to the parents and will not be paid, because refusal of vaccination was voluntary.
Original
They are not allowed into kindergarten without a polio vaccine.
Question: We don’t want to vaccinate our baby against polio. When I registered him for kindergarten yesterday, the doctor told me that according to the law (she didn’t say which one) we would be suspended from attending kindergarten for 2 months if the children were vaccinated with polio. Tell me, is this legal?
The answer was prepared by Maria Danilenko.
Good afternoon. Indeed, many parents whose children are not vaccinated against polio have to face the manager’s demand during universal vaccination in kindergarten: the child does not have the right to attend preschool for 2 months. As an argument, the following are given by the Sanitary and Epidemiological Rules SP 3.1.1.2343-08 “Prevention of Poliomyelitis in the Post-Certification Period” (approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated March 5, 2008 N 16) :
"4.4. In order to prevent vaccine-associated paralytic poliomyelitis (VAPP), when children who do not have information about immunization against poliomyelitis are admitted to treatment-and-prophylactic and other organizations, they must be isolated from children vaccinated with oral polio vaccine (OPV) within the last 60 days.”
BUT! You can still attend the group. To do this, you need to write an application addressed to the head, which must indicate the following excerpts from federal legislation:
APPLICATION addressed to the head of the kindergarten
Please draw your attention to the fact that the nurse’s demand/your demand is illegal and grossly violates the rights of my son/daughter to preschool education and refusal of vaccinations.
I, being the legal representative of my son/daughter, declare an official refusal of preventive vaccinations (list vaccinations) for my child, full name, until he reaches 15 years of age.
In accordance with Art. 5 of the Federal Law of September 17, 1998 N 157-FZ “On Immunoprophylaxis of Infectious Diseases” : “1. When carrying out immunoprophylaxis, citizens have the right to: ... refuse preventive vaccinations.
2. Lack of preventive vaccinations entails:
- a ban on citizens traveling to countries where, in accordance with international health regulations or international treaties of the Russian Federation, their stay requires specific preventive vaccinations;
- temporary refusal to admit citizens to educational and health institutions in the event of widespread infectious diseases or the threat of epidemics;
- refusal to hire citizens for work or removal of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.
3. When carrying out immunoprophylaxis, citizens are obliged to: ....confirm in writing their refusal to receive preventive vaccinations.”
From all of the above it follows that the absence of vaccinations entails only the indicated consequences.
Thus, refusal to vaccinate with polio cannot entail the exclusion of minor citizens from preschool educational institutions if there are children there who have recently been vaccinated. This is not provided for by federal law.
In accordance with the Sanitary and Epidemiological Rules SP 3.1.1.2343-08 “Prevention of polio in the post-certification period” (approved by Resolution of the Chief State Sanitary Inspector of the Russian Federation dated March 5, 2008 N 16):
"4.4. In order to prevent vaccine-associated paralytic poliomyelitis (VAPP), when children who do not have information about immunization against poliomyelitis are admitted to treatment-and-prophylactic and other organizations, they must be isolated from children vaccinated with oral polio vaccine (OPV) within the last 60 days.”
However, my son/daughter is not covered by these rules as we have details of polio immunization.
In addition, refusing to attend preschool for children for 60 days is contrary to federal legislation in the field of immunization.
Based on the instructions for the use of oral polio vaccine of types 1, 2, 3, approved on October 31, 2001 by the Chief State Sanitary Doctor of the Russian Federation G. G. Onishchenko, it follows that
- the possibility of a child becoming infected through contact with a vaccinated person is negligible,
- To avoid the spread of the virus to persons in contact with the vaccinated person, parents should be advised of the child’s personal hygiene rules after vaccination (separate towels, potty, etc.).
I hope that all these rules are followed in your preschool. I am ready to write a receipt stating that I have been warned about the possibility of my son/daughter contracting polio if the kindergarten staff does not comply with appropriate child hygiene measures.
In connection with the above, I ask you to prevent violations of the rights of an unvaccinated child and the provisions of the federal legislation of the Russian Federation in the institution entrusted to you, namely:
- The provisions of Article 32 (consent to medical intervention: consent to medical intervention in relation to persons under the age of 15 years is given by their legal representatives)
- Art. 33 (refusal of medical intervention: a citizen or his legal representative has the right to refuse medical intervention) “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” dated July 22, 1993, No. 5487-1.;
- Art. 5 (on the right to refuse vaccination) and Art. 11 (on vaccination with the consent of the parents of minors) of the Federal Law of the Russian Federation “On Immunoprophylaxis of Infectious Diseases” dated September 17, 1998 No. 157-FZ;
- Art. 5, part 1 (on the possibility of receiving education by citizens of the Russian Federation, regardless of health, age, beliefs and other factors);
- Article 18 (the relationship between a preschool educational institution and parents (legal representatives) is regulated by an agreement between them, which cannot limit the rights of the parties established by law) of the Law of the Russian Federation “On Education” dated August 22, 2004 No. 122-FZ.
I am asking you to ensure that my son/daughter has access to the preschool institution in accordance with the voucher received.
I, full name, father/mother of the minor, confirm all of the above and am ready to fully confirm the points stated in the application.
Of course, all the above excerpts from the laws confirm your full right to take your child to kindergarten, even if everyone else has recently been vaccinated. But remember that the risk, although negligible, still exists, and you, as the child’s legal representative, are responsible for it.
