Mexico City. Minister Margarita Ríos Farjat proposed to the Supreme Court of Justice of the Nation (SCJN) to authorize judges throughout the country to grant suspensions so that minors between five and eleven years of age can receive vaccines against the covid-19 that are authorized by the Federal Commission for the Protection against Sanitary Risks (Cofepris).
The plenary session of ministers is scheduled to discuss for next June 27 two contradictions of thesis on this subject, which derive from the decisions of some courts to grant protection to the parents of minors who seek to be vaccinated, while other judges had different opinion and decided not to grant the suspensions that would allow them to receive the injections.
These contradictions of criteria were taken to the SCJN, where Minister Ríos proposes that the mandatory criterion be that “the provisional suspension in the amparo trial must be granted when it is requested for the effect that the complete two-dose scheme is applied against the mentioned virus to girls and boys between five and eleven years of age, without comorbidities, provided that the vaccine has already been authorized by Cofepris.”
The sentence proposal is based on the right to health and the best interests of children and adolescents, but conditions access to the vaccine to Cofepris fully authorizing this procedure for minors.
It points out that, at the time some of these protections were promoted, there was no scientific evidence that the vaccine designed for adults could also be applied to children.
“The granting of the suspension so that a vaccine that has not been authorized by Cofepris is applied to minors would endanger the health and physical integrity of the vaccinated child,” the project states.
It is added that on March 3, Cofepris approved the application of a vaccine for people between five and twelve years old, and when making the announcement it emphasized that it “has a different dose and composition than the biological approved for people over twelve years.”
So far, the National Vaccination Policy only contemplates vaccinating minors, between 15 and 18 years old, so the announcement to vaccinate children is pending.
Minister Ríos’ project will be discussed in the plenary session of the SCJN on June 27. If the project criterion is approved, it will be mandatory for all judges in the country to grant the necessary suspensions to vaccinate any minor who files an amparo.