Covid 19 Coronavirus: What rights do children and parents have if they agree to vaccination?

analysis

The key to this is how capable a child is to make such a decision, Claire Breen writes. conversation

Last week, New Zealand was added to the list of countries expanding its vaccine deployment with a government announcement that children aged 12 to 15 could be vaccinated with the Covid-19 Pfizer vaccine.

A June Ministry of Health survey found that 58% of caregivers were more likely to allow children aged 12 to 15 years to be vaccinated, starting with 55% in May.

The study also found that the number of parents who decided not to vaccinate their children increased slightly. The main concern of parents was the safety of the vaccine in their children and its long-term effects.

As a result, the Pfizer vaccine has been tentatively approved by Medsafe, but the deployment still raises the important question that New Zealand law states consent to the treatment of children.

Who can agree?

The Child Care Act provides that children over the age of 16 may give or refuse treatment consent.

However, this does not mean that all children under the age of 16 disagree with treatment. The key to this is how competent the child is in making such a decision.

The age at which everyone is considered competent is not defined, but the Code of Health Disability Services Consumer Rights (derived from the Health Disability Commission Act) provides some guidance.

This shows that everyone, adults or children, is presumed to be capable of making such decisions, unless there is a reasonable reason to think about something else.

Do the children have the ability to agree?

Regarding child care, New Zealand courts have determined that the House of Lords is legally capable of consenting to health examinations and treatments if children under the age of 16 have sufficient maturity and intelligence. It follows the British lawsuit. Understand the nature and implications of the treatment.

Similarly, New Zealand norms allow young people to agree, as they fully understand that if medical professionals are happy, they are involved in treatment.

When it comes to agreeing to vaccination, medical professionals must be happy that their child understands why and why they need vaccination. They must also be content that their child understands the risks, benefits and consequences involved.

Similarly, anyone, including children, can refuse treatment under the New Zealand Bill of Rights Act.

However, the court also decided that this was competent and only applicable to those who had a complete understanding of what was involved in making the decision.

Courts tend to invalidate a child’s views only in serious, usually life-threatening situations.

Respect for children’s rights

In a broader sense, vaccination or immunization is part of the general human rights to the highest achievable levels of health, including the right not to receive non-consensual treatment. This right must be balanced with the state’s obligation to prevent and control illness.

The United Nations Convention on Children’s Rights contains important provisions regarding consent to medical care, including:

• The best interests of the child should be considered first in all decisions and in resolving conflicts between parents and healthcare professionals.

• The right to express children’s opinions is protected, and children’s opinions also play a central role in determining the best interests of the child (two principles reflected in the Child Care Act). )

• Every child has the right to life and the country must do everything possible to ensure the survival and development of the child. This should be part of the assessment of the child’s best interests.

These provisions also occupy a special position within the Convention as a guide. Adhering to these principles also helps prevent infringement of other rights, such as your child’s right to health.

to keep balance

The Games also aim to balance parents’ rights and responsibilities in teaching children with their own developing abilities to make important decisions about their health and well-being.

Therefore, it is imperative that children, parents and healthcare professionals have adequate guidance on who can give consent and who has what rights.

Vaccination safety concerns are natural, and access to reliable information about vaccines is important for children and their parents. It is especially important to remain transparent about the potential side effects of Covid-19 itself, not just the vaccine.

Respecting children’s overall right to participate in decisions that affect them is the best way to navigate these complex situations.

Claire Breen is a law professor at the University of Waikato..