A Punta Arenas court ordered newborns to be vaccinated against tuberculosis and hepatitis despite objections from parents.

The Punta Arenas appeals court accepted a constitutional complaint brought by the director of the Cirujano Guzmán hospital and ordered that newborns be vaccinated against tuberculosis and hepatitis B as part of the national immunization program, over the objections of the parents.

The decision shows that, in view of the aforementioned international and domestic regulatory framework, the reasons put forward by the appellant for not subjecting his son to the general law as well as the immune system ordered by the health authorities, in particular, in addition to being incompatible with it, violate the principle of informing children The principle of best interests, since the Chilean State must ensure the health of the child; therefore, without considering the appellant’s refusal to immunize her son, who is protected by the current legislation, it is necessary and necessary to conclude that her actions were unlawful Yes, and arbitrary, since she makes no statement except null The health authority’s response to the consultations it conducted, according to the above-mentioned international regulations, international and national instruments provide rights in favor of the child in matters of health, up to the maximum The situation presented in the Constitutional Antibiotics is being studied, precisely the object of the exceptions made by the health legislators in Article 16, paragraph 2, of Law No. 20,584, and this Court cannot, without violating Articles 6 and 7 of the Fundamental Charter and Exceptions to this are made under Articles 4 and 304 of the Constitution. Court–Exempted from professional statutes and provisions governing the matter, it is therefore inappropriate not to accept the constitutional action at hand, on the terms stated in this failed operative.

With these considerations in mind, bearing in mind the provisions of Article 20 of the Political Constitution of the Republic and your agreed orders. Statement of the Supreme People’s Court on the handling, decision and amendment of this type of appeal: Reject the objection of non-jurisdiction raised by the respondent.

The appeal filed by counsel on behalf of the Director of the Hospital of the Armed Forces of “Cirujano Guzmán” against (…) and (…) has been accepted and it is therefore ordered that the defendant’s son be provided with the national immunization program established in accordance with the appellant, who deprives received the appropriate vaccines.

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