VADUZ – In the current times, the topic of Covid-19 and in particular the vaccination against it is on everyone’s lips. This often leads to conflicts between parents, because opinions about the vaccination of their child often differ. Especially parents who live separately often have different opinions about what is best for the child. How the problem is to be viewed legally WILL BE briefly explained.
In principle, children can consent to so-called medical treatment (including vaccinations) themselves, provided they are capable of understanding and discernment. This is what they are when they can correctly grasp the implications of their decision and align their behavior accordingly. From the age of 14 this is generally suspected, which means that a child from the age of 14 can decide for himself whether he wants to be vaccinated or not.
Conversely, if the child is under the age of 14, it is assumed that they cannot consent to being vaccinated themselves. The specific question now is which parent can give consent. The decisive factor here is who is entitled to custody of the child and therefore has custody. Consent to medical treatment (vaccination) is included in custody.
If only one parent has custody (so-called sole custody), this parent alone must decide whether to vaccinate the child and have the child vaccinated. However, he should inform the other parent about this. On the other hand, if both parents have custody, either of them can have the child vaccinated without proving the consent of the other parent. In the relationship between the parents, however, they should endeavor to reach an agreement. In any case, it should also be emphasized that when acting in relation to their children, parents should always consider the best interests of the child first and base their actions on them.
Ultimately, it is always necessary to examine and assess whether and to what extent legal action can be taken against a planned or already completed vaccination in each individual case, so that in the next step any legal measures can become effective by consulting a lawyer.
Lawyer Mag. iur. Fabienne Seppi
(approved in Liechtenstein and Austria)
NÄGELE Rechtsanwälte GmbH
dr Grass Strasse 12, 9490 Vaduz, Liechtenstein
Phone +423 237 60 70
Fax +423 237 60 71