Minors go for Covid vaccines.But they may come across<

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The Ministry of Health invites minors interested in vaccination against covid-19. But not everywhere minors are met with understanding. Some vaccination sites require the consent and physical accompaniment of parents, even though they have no reason to do so by law.

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Minors, currently sixteen and seventeen-year-olds, can apply for vaccination on their own, without parental consent. They can also come for vaccination without being accompanied by a legal representative.

"Minors interested in vaccination who are over 16 years old do not need to be accompanied by a legal representative to the vaccination application. The minor applicant himself can give informed consent to vaccination - the only exception is people with reduced intellect," the Ministry of Health states.

However, not everywhere respects this legal interpretation. The Jindřichův Hradec Hospital advises that minors cannot receive vaccinations without the signed consent of a legal representative. "The informed consent must be signed by the legal representative and the vaccinated person (the signature of only one legal representative is sufficient). ATTENTION: Minors will not be vaccinated without the presence of a legal representative!" says the vaccination center of the Jindřich Hradec Hospital, which is located in the building of the Faculty of Management of the University of Economics.

When the parents do not agree, the court decides

The Ministry is based on its own legal opinion, according to which even minors can make decisions about their own health care under certain circumstances. The same opinion is shared by legal experts in the field of healthcare law whom the Seznam Zpráv editors contacted.

"Yes, such a procedure is indeed in order with regard to the gradual acquisition of autonomy. It is true that a person is fully autonomous only upon reaching the age of eighteen according to the provisions of § 30 of the Civil Code, but it is possible to gradually acquire autonomy for certain actions due to the rational and intellectual development of the individual. Each person has a different level of freedom and intellectual maturity, so it will be necessary to assess each case individually," explains Štěpán Ciprýn from the CIKR law firm.

"In the case of minor patients, when providing informed consent, it is always necessary to thoroughly weigh their intellectual and voluntary maturity so that the given patient can, after proper instruction, properly evaluate the consequences of such an intervention on his health. It is therefore not possible to universally assess that every minor aged 16 will be able to give consent to vaccination, but it will primarily be necessary to assess each individual individually," says Zuzana Sůvová from the LexPro law firm.

Czech parents are afraid to vaccinate their children, according to them there is little data

The law does not set any limit as to the age at which people are mature enough to speak for themselves about the vaccine. In short, the doctor must assess each case individually. The Civil Code only recognizes a limit of 14 years, and that in relatively interesting cases where the opinion of the patient and his legal representative differ.

It can be cases where a minor is in favor of vaccination, while one or both of his parents refuse it. In such a case, the court decides on the next course of action. And conversely. The reverse also applies, i.e. for cases where a minor patient refuses a medical procedure, while his parents agree with him.

"If the integrity of a minor who has reached fourteen years of age, has not acquired full autonomy, and who seriously opposes the intervention, even if the legal representative agrees to the intervention, the intervention cannot be carried out without the consent of the court. This also applies in the event of an operation on an adult who is not fully autonomous," the Civil Code reads.

According to the Ministry's data, 2,647 minors received the vaccine against covid-19, of which more than 1,000 in the first three days from June 4, i.e. after the start of registration for the 16-29 age group.

Originally, registration for the 16+ category was supposed to start from June 1, but registration was delayed due to the large number of older people who are still waiting to be assigned a date.

The European Medicines Agency has approved the use of the Pfizer/BioNTech vaccine also for the age group from 12 years. However, Minister of Health Adam Vojtěch (for ANO) said at the weekend that the government will start vaccination of the 12+ group no later than in the second half of the summer. According to him, it will depend on the interest of the group from the age of sixteen and above. Germany, for example, is launching vaccinations for the 12+ group from this week.