QC court asked to stop vaccination of children against parents', guardians' will
MANILA, Philippines (Updated 5:39 p.m.) — Parents have filed a petition before the Quezon City trial court asking for a stop order on the rollout of vaccination against COVID-19 for children aged five to 11 years old.
Former ABS-CBN reporter Dominic Almelor and Girlie Samonte, through the Public Attorney’s Office, filed the petition questioning the Department of Health’s mandate, “considering the possible deprivation of parents’/guardians’ legal authority over their children, without the authority of law or court intervention.”
They asked the court to issue a temporary restraining order and/or writ of preliminary injunction to enjoin the DOH from rolling out its vaccination program for the said age group of children.
The petitioners also urged the court to declare it as unconstitutional and null and void the DOH memorandum dated January 24 on the interim guidelines for administration of Pfizer COVID-19 vaccine for aged five to 11 years old.
Specifically, they assailed part of DOH’s memorandum:
In case the parent/guardian refuses to give consent to the vaccination despite the desire and willingness of the minor child to have himself/herself vaccinated, or there are no persons that may legally exercise parental authority over the child, the State may act as parens patriae and give the necessary consent.
The DOH said the Department of Social Welfare and Development or its city or municipal counterparts may represent the State and sign the consent form.
The petitioners said that they do not intend to vilify government efforts in the pandemic, but seeks protection of “very vulnerable population from undue health risks and fatal consequences,” as COVID-19 vaccines are “fairly new” and seeks “respect towards parents’/guardians’ parental authority over their children on matters affecting the latter’s interest, well-being, health and safety, and life.”
Vaccination not mandatory
The petitioners said that DOH and its officials committed grave abuse of discretion amounting to lack or excess of jurisdiction when they issued the memorandum as it forces COVID-19 vaccination.
They said that it is clear from Republic Act 11525, or the COVID-19 Vaccination Program Act of 2021, that vaccination is not mandatory, but the assailed DOH memorandum "allows utter disregard of a parent’s/guardian’s right to decide on the interest, well-being, life and health of his/her child."
"It undoubtedly allows COVID-19 vaccination done against the will of parents/guardians exercising parental authority over their children who obviously cannot competently decide for themselves; even though no law has been assed making such vaccination mandatory," they said.
The petitioners also stressed that children cannot make wise decisions for themselves and will be forced into COVID-19 vaccination, which they note remains experimental, against their parent’s or guardian’s will.
While COVD-19 vaccines are only allowed in the Philippines under Emergency Use Authorizations, the Department of Health and the Food and Drug Administration have repeatedly assured the public that these are safe.
Dengvaxia controversy
Petitioner Almelor said he is fully vaccinated with the Moderna mRNA vaccine, but does not want his child to receive any COVID-19 jab. He told the court that by allowing his child to be inoculated, he "would knowingly and willingly waive any right of action to seek redress for any harm done to his child."
Samonte is one of the complainants that sued the DOH over the alleged adverse effects of the anti-Dengue vaccine Dengvaxia. In making her arguments against COVID-19 vaccination of her two children, she cited the case of her other son who she said was hospitalized supposedly after receiving Dengvaxia.
PAO chief Persida Acosta, whose name appears in the current petition, became the face of those who believe their loved ones died or got sick due to Dengvaxia. She also said she has yet to be vaccinated against COVID-19 because she is waiting for a protein-based jab due to her medical history of hypertension and allergic reactions.
READ: How the Dengvaxia scare helped erode decades of public trust in vaccines | Acosta's refusal to get COVID-19 jab contributes to vaccine hesitancy — Drilon
DOH: Vaccination will proceed as planned
The government is set to roll out vaccination of five to 11 years olds in February. For this age group, a reformulated Pfizer-BioNTech dose will be used.
Then-Food and Drug Administration Director General Eric Domingo said in December that the regulatory body granted EUA to Pfizer vaccine for the said age group as there is "reasonable to believe that the vaccine may be effective to prevent COVID-19 and the benefits of vaccination outweigh the known and potential risks."
He added that the vaccine has an efficacy rate of 90% in children aged five to 11, while side effects of the shot in this age group are "very mild."
The DOH said they recognize the right of the petitioners to file a case, but they maintained that they will continue with the rollout of the vaccination program in part of their commitment to protect all sectors of society, including children.
In a statement, the DOH stressed that the vaccination policy covering the said age group was a result of studies by health experts and has been approved in many countries.
“[A]ll FDA-approved COVID-19 vaccines have been proven to be safe and effective. Over 8.1 million children have already been vaccinated worldwide, with no reports of deaths and serious adverse events among those vaccinated,” the department added.
DOH also said they have so far received over 100,000 pre-registrations for vaccination of children aged five to 11, and this “number signifies the willingness and confidence of parents to have their children vaccinated against the deadly virus.”
“We would also like to point out that parental consent forms are required for all minors who will be vaccinated, and that extra measures have been taken to ensure their safety,” it added.
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