Controversy on legal liability of the medical staff in the case of the presumptions of parental consent
Controversy on legal liability of the medical staff in the case of the presumptions of parental consent

Author(s): Camelia Daciana Stoian
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: presumed consent; mandatory vaccination; undesirable post-vaccine adverse effects; discrimination;
Summary/Abstract: "Consent presumed to be given" in the case of compulsory immunizations raises great questions both in terms of legal interpretation from the perspective of the possible consequences of the decision to assume responsibility, but especially when we call into question the actual procedure to be followed and the legal basis for each procedural step. The right of children to health and education is guaranteed to be unrestricted, and when this imperative breaks down and can place us relatively briefly face to face with undesirable postvaccinal side-effects or discrimination situations, we realize another possible consequence that adversely affects the "children's world", their higher interest, the right to equal protection against all discrimination, but especially against any challenge to such discrimination or impairment of the state of health. State protection measures must be in accordance with the principles of equality and non-discrimination with respect to all those involved, professionals, children or parents, and also prevent the imposition of even adverse consequences on the future of the individual, even when adopted on the basis of a motivation such as "preventing and limiting the spread of communicable diseases that can be prevented by vaccination". The article aims to draw attention to one of the many "legal phenomena" that do not find a place on all its lands regulated in the practice of Romanian law, without proper corroboration of all the normative acts in force at national level and not only.

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