DOH takes back assailed policy to vaccinate kids vs COVID-19 even if parents object
MANILA, Philippines — The Department of Health has amended its memorandum to remove the contested policy that allows the State to give consent for the vaccination of children aged five to 11 years old, if parents refuse inoculation for them.
The DOH issued a memorandum dated February 4 that "rescinded" part of its January 24 guidelines for administration of Pfizer COVID-19 vaccine for aged five to 11 years old.
The department said that the following part is now rescinded:
In case the parent/guardian refuses to give consent to the vaccination despite the desire and willingness of the minor child to have himself/herself vaccinated, or there are no persons that may legally exercise parental authority over the child, the State may act as parens patriae and give the necessary consent. Therefore, the proper officer representing the State as parens patriae may sign the consent form. In this regard, the [Department of Social Welfare and Development] or its city/municipal counterparts shall serve as the proper office who shall represent the State.
This part of the memo was assailed in a petition filed by two parents with children in the five to 11 years old age group before the Quezon City Regional Trial Court.
Assisted by the Public Attorney’s Office, former ABS-CBN reporter Dominic Almelor and petitioner Girlie Samonte filed the plea questioning the Department of Health’s mandate, "considering the possible deprivation of parents’/guardians’ legal authority over their children, without the authority of law or court intervention."
They also asked the court to issue a temporary restraining order and/or writ of preliminary injunction to enjoin the DOH from rolling out its vaccination program for the said age group of children.
The petitioners also prayed that the court to declare it unconstitutional and null and void the DOH memorandum dated January 24 on the interim guidelines for administration of Pfizer COVID-19 vaccine for aged five to 11 years old.
The petitioners said that they do not intend to vilify government efforts in the pandemic, but seeks protection of "very vulnerable population from undue health risks and fatal consequences,” as COVID-19 vaccines are "fairly new" and seeks "respect towards parents’/guardians’ parental authority over their children on matters affecting the latter’s interest, well-being, health and safety, and life."
The Philippines started the pediatric vaccination program in Metro Manila on Monday. — Kristine Joy Patag
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