HAZEL THOMPSON-AHYE
THE MINISTRY of Education's guidelines for the vaccination of schoolchildren between ages 12 to 18 require parents/guardians to indicate interest in having their child/ward vaccinated against the covid19 virus, choose the venue, date and time for vaccination and accompany the minors to receive the vaccine. Obviously, a minor child cannot be vaccinated without parental consent. Does the child have rights if the parent is unwilling to consent? The Convention on the Rights of the Child ('the CRC'), which TT ratified in 1991, provides answers.
Article 1 of the CRC defines a child as a person under the age of 18 years. Under Article 2, TT undertook to grant all children their rights to which they are entitled. The right to health is an economic and social right of the child. Under article 4, the Government vowed to undertake 'all appropriate legislative and other measures to implement economic, social and cultural rights to the maximum extent of their available resources and where needed within the framework of international co-operation.' There is no issue of availability of the vaccine, which the Government provides from its own financial resources and through international co-operation.
Article 24 enjoins states to recognise the child's right to the 'highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health,' and to 'strive to ensure that no child is deprived of his or her right of access to such healthcare services.' This involves duties by people in advocacy, litigation, policy planning and providing health services.
Article 5 of the CRC obliges states to 'respect the responsibilities, rights and duties of parents (or guardians) to provide in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by that child of the rights exercised in the convention.' This principle of 'evolving capacities' of the child requires that parents recognise when making decisions affecting the child that the growing maturity of the child requires them to gradually exercise less direction and increasingly give more autonomy to the child.
Article 12 of the CRC mandates states to allow a child capable of forming his or her own views the right to express those views in all matters affecting the child. These views must be given due weight in accordance with the age and maturity of the child. Once it is determined children are sufficiently mature, they must be given the opportunity to express their views regarding their access to the vaccine. Those views must be taken into account by decision makers. The child has a right under article 13 to freedom of expression, which encompasses the right to seek, receive and impart information and ideas of all kinds, including information on the pros and cons of vaccination and all related matters, so they can make an informed decision.
Under article 17 of the CRC, states must ensure accessibility to childre
