The Barcelona Administrative Court 16 has ensured that the city council of Sant Pol de Mar denies the request to process the registration in a municipal nursery school of a child who has not been vaccinated. The judge did not admit the family's appeal against the municipal council resolution of 31 May.
The family claimed that the decision violates its right to ideological freedom, to the dignity of the person, to physical integrity and to the prohibition of discrimination. The applicant understands that her right to attend asylum is higher than the right to health of the rest of the children.
For his part, the judge claims that the ideological freedom of the family was not violated because "no one forced her to vaccinate her child" and was free to choose. It also states that the family does not seek to respect its "minority option", which it already is, but that the rest of families and children assume the consequences and risks of their decision.
The sentence, which recalls the case of a child with diphtheria in Olot (Girona), points out that the applicant wants the other children and families of that school "to take the risk of going against what the scientific knowledge subjective conviction of the applicant ".
The judge also notes that what the family said – which delivered the blank vaccination card because the standard does not say it needs to be updated and compiled – "supposes an absurd reduction" of the sense of the norm, the his spirit and logic. "If presenting it in white was as valid as presenting it completed, this presentation would be simply idle," says the judge.