Parents are increasingly turning to courts to resolve disputes over COVID-19 vaccinations for their children, seeking swift justice to ensure their child's health and well-being. This trend is particularly evident in cases where parents are separated or divorced and cannot agree on whether to vaccinate their child.
In recent years, courts have had to intervene in several cases where one parent wanted to vaccinate their child against COVID-19, while the other was opposed. These decisions often hinge on what is deemed to be in the best interests of the child. For instance, in the case of B.C.J.B. v. E.-R.R.R., the court granted sole decision-making power to the father regarding vaccination, as the mother was against vaccinating their 10-year-old child.
When resolving disputes over COVID-19 vaccinations for children, courts consider several key factors to ensure the child's best interests are protected.
Firstly, courts assess the child's maturity level. If the child is deemed mature enough, they may be granted the right to make their own decisions about vaccination. This acknowledges that older children may have a greater understanding of their own health needs.
We need a total revamp of this and need an active, transparent and accountable AEFI system
Venugopalan Govindan, Tamil Nadu
Additionally, courts examine the parents' history with vaccinations. If one parent has consistently delayed or refused vaccinations in the past, the court may take this into account when making its decision.
Lastly, courts often seek expert medical advice to determine the risks and benefits of vaccination for the specific child. This may involve testimony from healthcare professionals or review of relevant medical research.
In the case of Tarkowski v. Lemieux, the court granted sole decision-making responsibility to the father regarding COVID-19 vaccination. This decision was influenced by the mother's history of expressing concerns about vaccinations that have been widely debunked by medical experts. By doing so, the court prioritized the child's health and well-being over the mother's unfounded concerns.
The court's ruling was based on the conclusive evidence that the COVID-19 vaccine is safe and effective for children. This decision reinforces the importance of relying on scientific evidence in resolving vaccination disputes.
Reference:
Health Resources and Service Administration (Retrieved From: https://www.hrsa.gov/vaccine-compensation)
(Input From Various Sources)
(Rehash/Neha Kamble/MSM)
