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DonnaFranka
05-11-2012, 20:15
Hi. Can a 3 yr start pre-scolar `colegio` here without being vaccinated. The parents do not agree to vaccinate him and at the end of the day it is their choice.

Does this mean that he can never go to school here ?

Can anyone help please.

Thanks.

Fivepence
05-11-2012, 20:17
Kirsty Jay will probably be able to advise you.

KirstyJay
05-11-2012, 20:56
Sorry, no idea. You'd have to ask at the school of your choice. :) Please let us know if you find out the answer though, for other people that may have the same question.

allao
06-11-2012, 00:06
Actually they do not have the right to refuse to accept a kid without vaccines because they are not obligatory at all.
Everyone has the right to being vaccinated or not as it is specially stipulated in the Human rights document that everyone has the right to have a medical support or to refuse it, it is a free will choice. Many people do not know their rights thinking that vaccines are mandatory, but they are not. And only parents can be responsible for their kid's health state, not educational or medical institutions.
In Spanish Constitution it is said the same, that vaccines are not compulsory. So legally they do not have any basis to deny your kid's enrollment to a school. Medical authorities have only the calendar of recommended vaccines according to which you may vaccinate a child and they should provide it if you want, but not the other way round being imposed on you.
There is also one point about your question : Does this mean that he can never go to school here ?

Since the compulsory education starts at 6 y.o. in Spain, and every child has the right to education (again according to international human rights and Spanish constitution), even kids illegally living here with their parents, no one can forbid a child to go to a school. And vice versa, if a child does not start his compulsory education, his parents may be subjected to persecution from authorities, like social service or even police, if they know that your child does not attend the school.
So, if you can present a medical certification that guarantees health of a child, then no questions should be asked. If they ask though, you can refer to constitutional (since you are a resident) and human rights.
The reference to Spanish Constitution:
::: Art. 17. 1 Toda persona tiene derecho a la libertad y la seguridad.
::: Art. 18.1 Se garantiza el derecho al honor, a la intimidad personal y familiar y a la propia imagen.

Also some references to laws:
::: Ley General de Sanidad

Art. 10 Todos tienen el derecho:

Art. 10.1 A su personalidad, dignidad humana e intimidad.

Art. 10.9 A negarse al tratamiento, excepto cuando suponga riesgo para la salud pública, no se esté capacitado para tomar decisiones (en ese caso corresponde a los familiares o personas allegadas) o cuando la urgencia no permita demoras por poderse causar lesiones irreversibles o peligro de fallecimiento.

Art. 28 Todas las medidas preventivas ....... deben atender a los siguientes principios:

b) no se podrán ordenar medidas obligatorias que conlleven riesgo para la vida.

fonica
06-11-2012, 10:16
Actually they do not have the right to refuse to accept a kid without vaccines because they are not obligatory at all.
Everyone has the right to being vaccinated or not as it is specially stipulated in the Human rights document that everyone has the right to have a medical support or to refuse it, it is a free will choice. Many people do not know their rights thinking that vaccines are mandatory, but they are not. And only parents can be responsible for their kid's health state, not educational or medical institutions.
In Spanish Constitution it is said the same, that vaccines are not compulsory. So legally they do not have any basis to deny your kid's enrollment to a school. Medical authorities have only the calendar of recommended vaccines according to which you may vaccinate a child and they should provide it if you want, but not the other way round being imposed on you.
There is also one point about your question : Does this mean that he can never go to school here ?

Since the compulsory education starts at 6 y.o. in Spain, and every child has the right to education (again according to international human rights and Spanish constitution), even kids illegally living here with their parents, no one can forbid a child to go to a school. And vice versa, if a child does not start his compulsory education, his parents may be subjected to persecution from authorities, like social service or even police, if they know that your child does not attend the school.
So, if you can present a medical certification that guarantees health of a child, then no questions should be asked. If they ask though, you can refer to constitutional (since you are a resident) and human rights.
The reference to Spanish Constitution:
::: Art. 17. 1 Toda persona tiene derecho a la libertad y la seguridad.
::: Art. 18.1 Se garantiza el derecho al honor, a la intimidad personal y familiar y a la propia imagen.

Also some references to laws:
::: Ley General de Sanidad

Art. 10 Todos tienen el derecho:

Art. 10.1 A su personalidad, dignidad humana e intimidad.

Art. 10.9 A negarse al tratamiento, excepto cuando suponga riesgo para la salud pública, no se esté capacitado para tomar decisiones (en ese caso corresponde a los familiares o personas allegadas) o cuando la urgencia no permita demoras por poderse causar lesiones irreversibles o peligro de fallecimiento.

Art. 28 Todas las medidas preventivas ....... deben atender a los siguientes principios:

b) no se podrán ordenar medidas obligatorias que conlleven riesgo para la vida.
This makes sense but the child will not be admitted to school until the age of six when the authorities can no longer refuse entry.

allao
06-11-2012, 16:45
No, my daughter has only 2 vaccines made when when was born, after that I refused to make any. When I gave the documents to a school when she was 3 y.o., they enrolled her. I just explained them that she is allergic and I am afraid of doing any vaccines to her.

DonnaFranka
18-11-2012, 14:25
:hello: Thank you so much Allao, for all your time and advice. You have been very helpful. I will pass the information on to the mother.