Minister Ricardo Lewandowski, of the Federal Supreme Court (STF), determined this Monday (14) that the ministries of Health and Women, Family and Human Rights modify technical notes that oppose the vaccination passport and the mandatory vaccination of children. against Covid-19.
Lewandowski also determines that Dial 100, the government channel for reporting human rights violations, should no longer be used for complaints against the requirement for proof of vaccination.
These technical notes must include the interpretation validated by the Supreme Court, that “compulsory vaccination does not mean forced vaccination, as it always requires the user’s consent”.
However, the obligation can “be implemented through indirect measures, which include, among others, the restriction on the exercise of certain activities or the frequency of certain places, provided that provided for by law, or arising therefrom”.
The notes should also inform that the vaccination passport can be implemented, according to their competences, both by the Union and by the states, Federal District and municipalities.
According to the STF minister, “by disseminating information tinged with dubiousness and ambivalence, regarding the compulsory nature of immunization, [os ministérios] do a disservice to the immunization effort undertaken by health authorities”.
He also states that the portfolios, led by ministers Marcelo Queiroga (Health) and Damares Alves (Women, Family and Human Rights), contribute “to the maintenance of the still low rate of attendance of children and adolescents at vaccination sites, whose reflection is the increase in the number of hospitalizations of minors in intensive care units -ICUs by 61% in São Paulo”.
Such as leaf revealed, the technical note distributed by the Damares ministry concluded that “imperative measures of vaccination as a condition for access to human and fundamental rights may violate constitutional provisions and international guidelines”.
In addition, in the view of members of the ministry, these measures may contradict bioethical principles, harm human dignity and “end up producing discrimination and social segregation, including within the family.”
The ministry had made Dial 100 available to anti-vaccination people who experience “discrimination”. The channel has the purpose of denouncing human rights violations of children, women, the elderly, people with disabilities and the LGBTQIA+ population.
Lewandowski determined that the Damares portfolio should refrain from using Dial 100 outside its institutional purposes and stop encouraging, through official acts, “the sending of complaints
relating to restrictions of rights deemed legitimate by this Supreme Court”.
Regarding the vaccination of children between 5 and 11 years of age, the technical note from Saúde recommended the inclusion “in a non-mandatory way” in this age group “in those who do not have contraindications, in the
National Operationalization of Vaccination against Covid-19 (PNO)”.
For the Supreme Minister, it is not admissible for the State to act in contradiction with Anvisa (National Health Surveillance Agency), which endorsed the immunization of children.
This, according to him, “in addition to contradicting the governing legislation and the consolidated understanding of the Federal Supreme Court”, adopts “a stance that discredits the vaccination effort against Covid-19”.
In the decision, Lewandowski determines the personal subpoena of both Damares and Queiroga about the decision. The minister’s decision will be taken, according to him, to the plenary of the STF, for analysis by all members.
At the time of publication of the report by the leafthe Ministry of Family, Women and Human Rights stated that Dial 100 is open to all who feel their fundamental rights have been violated.
“The service does not make value judgments about the complaints. It only receives, sorts and forwards dissatisfaction reports to the competent bodies”, he said.
The technical note was prepared by the ministry because the National Human Rights Ombudsman received manifestations about rights violations, according to the ministry. “The ministry is not against vaccination against Covid-19, but it manifests itself, based on legal provisions, contrary to its obligation.”
Sought on Tuesday night, the portfolio commanded by Damares reported that Lewandowski’s determination will be carried out. Also sought, the Ministry of Health has not yet manifested.
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