what happened?
San Diego appeals court accepts san Diego doctor’s appeal for protection Dr. Luis Tisné Brousse, Oriental Hospital, San Diego And authorizes tuberculosis and hepatitis B vaccinations for an 11-month-old baby if the parents refuse.
In a unanimous decision, the Third Division of the Court of Appeal affirmed the illegal and arbitrary conduct of the appealed parents, endangering the physical integrity and health of the daughter.
What did the appeals court say?
The resolution states that “must bear in mind the statement in article 3 of the International Convention on the Rights of the Child that States Duty to look out for their best interests and ensure protection and care Necessary for their well-being, this relates to article 6 of the Convention, which states that every child has the right to life and that the State must ensure to the greatest extent possible their survival and development”.
In this sense, he affirms that it is “relevant” to the Constitution, “so that Protection of the life and physical integrity of childrenwhich has been realized through the health programs and measures provided by the Chilean government through its competent agencies, involving the establishment of mandatory vaccination Prevention of high-risk diseases for the entire population”.
Limitations on autonomy
The ruling also stated that “based on the act of refusing to vaccinate protected persons, the freedom and autonomy of each person are limited in the following cases: affect the collective interest or society as a wholeas is the case with the existing mandatory immunizations in our country”.
“Therefore, it can only be concluded that the defendant’s conduct violated, illegal and arbitrarya, the constitutional guarantees for nursing mothers, which is why this court will accept the present action as indicated in this ruling resolution,” he affirmed.
“Therefore, Luis Tisné Brousse, Physician at the Appellate Body Hospital, was authorized to vaccinate the appellee’s daughter, Once this sentence is executed‘, he concluded.