No. 07-00-162/2023-02  date: 11.6.2023.

OPINION

This opinion was issued in the proceedings regarding the complaint filed by AA on behalf of his daughter against the BB Health Center and Dr. VV, a pediatrician at this healthcare institution. The complaint stated, among other things, that on March 1, 2023, the pediatrician in question refused to issue a certificate confirming that the 12-month-old healthy child was in good health because the child had not received the MMR vaccine. The certificate in question was necessary for the child to attend the younger nursery group of the preschool institution in which she was enrolled. The MMR vaccination was scheduled for March 15, 2023, and according to the Mandatory Immunization Calendar, it is administered between the ages of 12 and 15 months. According to the complainant, the pediatrician unjustifiably prevented the child from attending the nursery and indirectly deprived the mother of her right to work. In the response submitted by the director of the BB Health Center and Dr. VV, it was stated, among other things, that the Law on Protection of the Population from Infectious Diseases prescribes that for children to attend preschool institutions, they must meet the conditions set forth in Article 32, paragraph 3, point 1 of this law. Since the Mandatory Immunization Calendar prescribes that the MMR vaccine is to be administered once the child has reached 12 months of age, which was the case here, the doctor acted in full compliance with these regulations. The response further stated that, in accordance with the Mandatory Immunization Calendar, a child can be vaccinated between the ages of 12 and 15 months. However, if the child has not been vaccinated, they cannot receive a certificate for attending preschool institutions and childcare facilities for children without parental care. The Commissioner points out that the issue in this specific case is not whether the child is required to receive the vaccine, as this matter is regulated by law, but rather whether the child was unjustifiably placed in a disadvantaged position due to their age and health status, considering the regulations in the field of healthcare protection and the Mandatory Immunization Calendar. It is undisputed between the parties that on March 1, 2023, Dr. VV refused to issue a certificate confirming that the complainant’s child was in good health, citing the fact that the child had not received the MMR vaccine. It is also a fact that the child had not yet reached the age of 15 months, while the Immunization Calendar prescribes that the recommended period for receiving the MMR vaccine is between 12 and 15 months of age. Furthermore, it is undisputed that immunization, according to the Mandatory Immunization Calendar, is a prerequisite for attending preschool institutions. According to the established facts in this particular case, the child had an appointment scheduled for vaccination, so there was no reason to fear that the parents were attempting to evade this legal obligation. Additionally, Article 24 of the Rulebook on Immunization and Methods of Protection with Medicines stipulates that healthcare workers conducting immunization continuously review the vaccination records. Therefore, considering the importance of preschool education in a child’s development, there are no justified reasons to restrict the child’s right to attend preschool until the expiration of the periods that healthcare professionals themselves have designated as optimal for receiving a particular vaccine. In view of the above, the Commissioner determined that there was a violation of Article 6, in connection with Articles 19 and 27 of the Law on the Prohibition of Discrimination, and recommended that the BB Health Center and Dr. VV eliminate the consequences of the discriminatory act and ensure compliance with anti-discrimination regulations in the future.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković