Many parents do not want to vaccinate their newborn, but because they cannot enter kindergarten without vaccinations, they take this risky step. The entire procedure for admission to a children's institution ends with a referral from the head to the head of the clinic. The manager, in turn, requires at least some of the vaccinations or the Mantoux test. Russian legislation has a precise definition of this issue: a child without vaccinations has the legal right to attend kindergarten, and the only reason for refusal may be the child’s illness in its active phase.
Are they accepted without vaccinations?
The family can independently decide whether to vaccinate or not. The rights of unvaccinated children are the same as those of vaccinated children. They can attend kindergarten and school. A ban on visiting educational institutions is a violation of the law. In practice, things are somewhat different.
Parents who write a refusal to vaccinate have to overcome many obstacles. Problems arise even if you had to refuse vaccination for medical reasons.
Among the main ones:
- acute viral and infectious diseases;
increased body temperature;- dysbiosis;
- dysbacteriosis;
- insufficient weight gain;
- allergic reactions;
- diseases affecting the nervous system;
- increased intracranial pressure;
- decreased or increased muscle tone;
- excessive nervous excitability;
- exacerbation of chronic diseases;
- disturbance of psycho-emotional state.
Vaccination is not recommended 3 months before the first visit to kindergarten. This interval is also maintained after registration.
Few people know whether people are admitted to kindergarten without vaccinations. This is due to a number of reasons. There is an established opinion that an unvaccinated person is a source of disease. It can infect the entire team.
There is also the concept of “vaccination coverage of the population” .
Having completed the immunization plan, the pediatrician receives a bonus. Therefore, doctors say that children are not accepted into kindergarten without an immunization card. The head of a preschool institution says something similar. Such actions are illegal.
To the question, is it possible to get into kindergarten if the child is unvaccinated, the answer is unequivocal - yes. True, you will have to spend time and effort. Achieving the legal right to attend kindergarten is not easy.
When is a child not vaccinated for medical reasons?
Parents' refusal to vaccinate their child may not be a simple desire, but a hopeless and extreme measure.
According to medical indications, the pediatrician and the parent can decide whether the child needs a vaccination, and whether the baby will experience side effects after the vaccine if the vaccination is done.
We list what medical reasons and indications there may be for not vaccinating a child:
- Allergic reactions of the body.
- Acute illness. It could be a common cold, a flu, a virus, etc.
- Increased body temperature of the child.
- Psychological stress.
- Nervous excitability.
- Deviation in the functioning of the nervous system.
- Low weight, no weight gain.
- Pressure.
- Any changes in the child's life. This could be travel, moving.
Of course, any pediatrician will tell you that the main thing is an individual approach to the child.
If you doubt that your child will not tolerate vaccination well, it is better to refuse it or postpone it for a while. And there is nothing wrong with this, because you are not getting vaccinated for medical reasons.
List of required vaccinations
The Ministry of Health of the Russian Federation has approved a mandatory list of vaccinations. The drugs are administered according to the immunization calendar.
Before visiting the kindergarten, the following vaccines are used:
- BCG. The drug prevents the development of tuberculosis.
- DPT. The vaccine protects against diphtheria, whooping cough, and tetanus.
- Infanrix, Pentaxim. The drugs prevent the development of polio.
- PDA. The medication protects against mumps, rubella, and measles.
- Prevenar. Prevents damage to the body by pneumococcal infection.
- Hepatitis B vaccine.
- Suspension against chickenpox.
Vaccines are mandatory. By refusing to administer medications, the child is at risk.
Is it mandatory to get vaccinated before kindergarten?
Parents may be denied entry into kindergarten due to lack of vaccinations. Such actions are illegal. The preschool nurse sends the baby for vaccination. After that he will be accepted immediately.
Representatives of preschool institutions and medical workers do not have the right to oblige people to undergo immunization. When a pediatrician or the head doctor of a clinic does not sign a card and forces them to administer vaccines, such actions are considered unlawful.
The nurse from the kindergarten also takes illegal measures . The right to refuse to administer vaccines is prescribed by law.
To vaccinate or not
The child’s mother and father must understand that by refusing vaccination they are completely shifting all responsibility for the baby’s health onto their shoulders, which means they must think about the possible consequences. You need to understand that vaccination puts a strain on the baby’s immune system. The state of immunity differs in both adults and children. That is why it is advisable to consult an immunologist for advice. It is the specialist who will be able to assess the situation as a whole and make the right decision about the need to vaccinate a particular child. If possible, including financial, conduct a study of the baby’s immune status. Complications after vaccinations are observed when the child’s body is hypersensitive to certain components of the vaccine. This study will help reveal this. It will also be clear which vaccinations are acceptable and which are strictly contraindicated. After this, a personalized vaccination schedule will be created for your child.
Legislative side of the issue
The law states that an unvaccinated child may not be taken into a child care facility only in the event of an outbreak of an infectious disease. The ban on visiting kindergarten will be temporary. The fact of the epidemic is confirmed by Rospotrebnadzor. The manager's words are not enough.
The Constitution of the Russian Federation (Article 43) guarantees the universal availability of preschool education.
In addition, there are several other legal provisions:
- Article 26 of the Universal Declaration of Human Rights. Every citizen has the right to education.
- Law of the Russian Federation “On Education” (Article 5, Part 1). Every citizen of the country has the right to receive an education, regardless of gender, health status, or a number of other factors. Accordingly, lack of vaccinations is not a reason for refusal.
- Fundamentals of the legislation of the Russian Federation on health protection” (Article 32, Article 33). Every citizen has the right to refuse medical intervention.
- Law of the Russian Federation “On Immunoprophylaxis of Infectious Diseases” (Article 5 and Article 11). The right to refuse immunization, vaccination with parental consent.
Knowing the letter of the law, it is much easier to place an unvaccinated child in the garden.
Are parents required to agree to all vaccinations?
For many years, the only option for refusing vaccinations was a medical exemption confirmed by a medical commission. The law simply did not provide a choice for parents. Upon admission to any preschool or educational institution, a special document was required confirming vaccination according to the calendar.
Recently, there are more and more supporters of refusing compulsory vaccinations, fearing serious harm to the health of the child. Therefore, conditionally, all families can be divided into several groups:
- Parents comply with the law, so the baby has all the necessary vaccinations according to age.
- Adults do not deny the need to protect the immune system, but prefer an individual approach. They ask you to create your own vaccination calendar and may postpone your next trip to the clinic for ARVI or teething. Often, such parents are attentive to the choice of drugs in favor of foreign analogues, and use the services of private vaccination clinics.
- Complete refusal to vaccinate based on medical conditions or personal beliefs. The number of such families only increases every year. Often parents refuse the first vaccinations due to the weakened health of the newborn, but in the future they decide to completely eliminate any interference in the natural development of immunity.
The last group of families is quite numerous, but there are no reliable statistics on “refuseniks”. Many parents, fearing conflicts in kindergarten or school, simply reach an agreement with the pediatrician. For a fee, he issues a certificate of the established form indicating all scheduled vaccinations. Despite the illegality, the situation is not uncommon.
The first BCG vaccination is done in the maternity hospital. When trying to refuse, a young mother is often pressured by doctors. They talk about the danger of contracting hepatitis or tuberculosis, asking you to sign a consent form. In fact, it is necessary to take into account the well-being and physical indicators of the baby, its weight and condition at birth.
Possible reasons for refusal
They may temporarily not take a child to kindergarten legally in the event of a massive epidemic or the risk of its outbreak. But this is a theory.
In practice we have to face the following problems:
- refusal to sign the card by the pediatrician or chief physician;
- the head of the kindergarten refuses to accept the medical card;
- the manager is controlled by the sanitary and epidemiological station and prohibits taking unvaccinated children;
- when it becomes known that vaccinations are unavailable, places run out.
The reasons for refusal are completely meaningless:
- insufficient age;
- the baby refuses to ask to go to the toilet;
- inability to eat independently.
The list of refusal options can be continued endlessly. All of them are illegal. You need to challenge your right and prove that you are right.
Where to go if you are refused
When receiving a refusal to issue a medical card by the medical workers of the clinic, parents need to write an application to two authorities at once:
- Health Department;
- prosecutor's office
In order for law enforcement officials to quickly understand, it is extremely important to describe the situation in detail. Laconic, clearly described information will help solve the problem without unnecessary questions.
It happens that registration is suspended after visiting the manager’s office. It is extremely important that the garden manager gives a written refusal. Without this document, getting things right will be problematic.
First of all, you should write a statement addressed to the manager. It is necessary to mention the article of the Constitution of the Russian Federation, which guarantees the right to education for every child.
If the actions are unsuccessful, they go one step higher - the district education department. Most often, the problem is solved in this way.
If a Rayono employee ends up on the side of the head of the kindergarten, you need to write an appeal to the prosecutor's office and the district administration.
The following information is indicated:
- When and from whom did it become known that a free place became available?
- When did the medical examination process begin?
- What documents were received?
- Date of contact with the head of the children's educational institution. Result.
- Rejection reason.
You must attach a document confirming the refusal.
What to do if the waiver is signed, but the child is still vaccinated?
Quite often it happens that, despite a written refusal, the vaccination is still done, but the parents do not know how to proceed.
This cannot be left unpunished , since, having the document, medical workers violated your rights and the rights of the child.
You need to do the following:
- Stop administering vaccines , because they are usually administered several times over a certain period of time. In case the doctor claims that stopping the course may have consequences, you don’t have to worry about this, it will not harm the child’s health, since these are all conventions and the doctors themselves know about it.
- Write a complaint to the prosecutor's office , specifying all offenses. In this way, the necessary authorities will be aware of your problems and will create trouble for those who were vaccinated without the knowledge of their parents.
- You can also write additional complaints to the Health and Education Committee so that such actions are stopped in the future.
Having decided to take advantage of the opportunity to refuse vaccinations, it is important to correctly and competently draft the refusal.
In addition, you must be informed and know what the consequences of this refusal may be in the future of the child.
Now you know that defending your rights regarding the admission of a child to kindergarten without vaccination is not so difficult. The main thing is to follow the advice and instructions, and also be more persistent and decisive in resolving this issue.
Refusal of vaccination after registration
After completing the paperwork, the child receives the legal right to attend a child care facility. Parents can notify the institution’s medical workers that they are against further vaccination of the baby.
The application can be written according to the established template, as well as in free form..
When filling out the refusal form, you should adhere to the following rules:
- Enter information about the child and parents in full. Mistakes are not allowed.
- The residential address is written without abbreviations. This is the principle used to write your full name.
- Indicate the vaccinations that are being refused. It is recommended that you ask your pediatrician about vaccines used at this age.
- Specify the validity period of the waiver (for example, one year).
- Write that the decision was deliberate.
- Write down a list of laws giving the right to refuse immunization.
- Describe the reasons for the decision to refuse vaccination.
After the application is accepted, the child is not immunized. The request was documented and confirmed by the head of the preschool institution. Unauthorized vaccination is punishable by law.
How to achieve a positive decision through court?
If the medical institution refuses, then repeat the application with registration and ask for a written justification for the negative decision. As a rule, after such a request, the head of the clinic makes concessions and issues the necessary permission to visit the garden. If there is a refusal in the written response, then you should go to court with a claim for violation of the rights of the child, having first consulted with a lawyer.
First of all, the court is interested in protecting the rights of the child, and therefore, without significant justification for the refusal on the part of the defendant, the court will make a decision in favor of the plaintiff. After the court makes a decision, the applicant is issued a court order. The received document must be submitted to the clinic and, based on this, require a certificate for the kindergarten. This will confirm the fact that the child is not sick and can contact other children.
If, after providing all the necessary certificates, the child is still not accepted into kindergarten, then the same series of procedures must be performed as with a medical institution. Only now the claim needs to be prepared in relation to the educational structure.
