Title: Chilean Court Orders Vaccination for 10-Month-Old Baby, Citing Health Risks
In a landmark ruling, the Court of Appeals in Puerto Montt, Chile, has ordered the vaccination of a 10-month-old baby, stating that the lack of vaccination puts the child’s life and physical integrity at risk. The court accepted a writ of protection presented by the Municipality of Puerto Montt, deciding unanimously to apply the mandatory vaccinations outlined in the Ministry of Health’s vaccination program.
The court’s ruling, released in a unanimous decision, stated that not vaccinating the child infringes upon the constitutional right to life and physical integrity, as enshrined in Article 19 of the Chilean Constitution. The judges highlighted that without vaccinations, the child is exposed to preventable infectious diseases and could potentially act as a vector of contagion for others.
The tribunal also emphasized that the guardians’ decision to not vaccinate lacks scientific evidence to support the claim that these immunizations would harm the child’s health. The court added that this decision contradicts the rights established in the Convention on the Rights of the Child, particularly regarding the obligation to take measures to ensure the child’s health.
Moreover, the ruling deemed that administering vaccines is protected by the principle of the article 12 rule, which limits a patient’s right to accept or refuse medical treatments when it affects others’ freedom or rights. In this case, the lack of vaccination poses a risk not only to the child but also to public health.
Consequently, the court ordered that all mandatory vaccines, as per the child’s age, should be administered according to the Ministry of Health’s vaccination program. The execution of this measure must be carried out as soon as possible after the sentence becomes final, under the guidance of the competent health authority.
This court decision underscores the importance of vaccinations in protecting both individual health and public safety, and it sets a significant precedent for future cases involving childhood vaccinations in Chile.
