Another issue examined by the People's Advocate for Children's Rights was the compulsory
vaccination of children, a subject reflected in the previous periods of the exercise of his mandate.
During the monitored period, the following problematic aspects were deduced from the analyzed
compartment:
Insufficient information on the benefits of vaccination;
The dubious quality of vaccines and the lack of safety of medical services provided
in case of complications following vaccination, according to the opinion of the
parents who notify the Child Ombudsman;
Poor communication between medical staff and parents / legal representatives of
the child;
The issue was repeatedly analyzed by several authorities and, on October 30, 2018, the
Constitutional Court ruled on the constitutionality of the provisions of Law no. 10 of February 3,
2009 on State Surveillance of Public Health and the National Immunization Programme for 20162020, approved by Government Decision no. 1113 of October 6, 2016157, establishing that the
respective provisions are constitutional.
In the opinion of the Children's Ombudsman, the issue addressed has not been resolved, and
the dilemma lies in the mandatory vaccination and the lack of accountability mechanism for
parents / legal representatives. In his Opinion before the Constitutional Court, the People's
Advocate for Children's Rights mentioned that any State has an obligation to adopt effective
policies on the health security of its citizens, and citizens are obliged to respect it, including in the
field of vaccination. At the same time, the state must guarantee citizens safety regarding the quality
of the vaccine and taking responsibility for the risk situations that may arise after vaccination.
Thus, on the one hand, the State in the light of the provisions of Art. 52, para. (6) of Law
10/2009 "the admission of children to communities and educational and recreational institutions is
conditioned by the fact of their systematic prophylactic vaccination158”, provides for the
compulsory vaccination of children and at the same time does not constitute a coercive mechanism
for parents who refuse this procedure. In this regard, the Children's Ombudsman mentions that in
157
http://www.constcourt.md/ccdocview.php?tip=hotariri&docid=674&l=ro
http://www.legis.md/cautare/getResults?doc_id=106570&lang=ro
158
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