BARCELONA, Spain (AP) – A judge in northwestern Spain has dismissed the family’s objections and decided to allow health workers to administer the corona vaccine to incapacitated women in nursing homes.
The lawsuit appears to be the first example of a European court requiring someone to get the COVID-19 vaccine.The Spanish government has repeatedly stressed that the shooting was voluntary, as did officials in other European countries.
In a ruling by The Associated Press on Wednesday, a judge at a court in the Northwest Galicia community recently ruled that a medical facility filed a petition to overrule the family̵7;s denial. Live elderly and carry her vaccines.
The resident, being treated by the nursing home medical staff, lost her knowledge and understanding to the extent that she was “incapable of giving correct consent” according to the decision.
Judge Javier Fraga Mandián said the court had a legal obligation to intervene to protect the woman’s health. He said his decision was not based on the welfare of other residents, but that “tens of thousands of deaths” from the virus in Spain made what he saw as irrefutable evidence that not. Getting a vaccine is more vulnerable to side effects.
The nursing home company DomusVi told the AP through a PR agency that out of all the homes it manages across Spain, this was the only case of a family not wanting to be vaccinated to a resident who was considered unable to get vaccinated. Personal health decisions
DomusVi said 98% of the country’s 15,000 nursing home residents agreed to receive the vaccine, saying the remaining 2% refused to be vaccinated. But unlike women who are considered appropriate in making their own health decisions.
DomusVi said it sought court intervention for the health interests of all workers and residents of nursing homes and workers in the Galicia facility.
Spain gave the vaccine Pfizer-BioNTech has gone over 581,000 doses since it was approved by the EU at the end of December. Spain is also preparing to launch the first Moderna vaccine.
Health Minister Salvador Illa said Thursday that Spain saw that “Very low rejection of the vaccine is almost trivial.”
Medical facilities in Spain and across Europe have been devastated by the coronavirus, which is rapidly spreading among the elderly and vulnerable people from preexisting medical conditions. More than 25,000 COVID-19 cases are expected to have died in Spanish hospitals since the outbreak.
Other cases in court regarding involuntary vaccination may be on the horizon.
In southern Spain, state prosecutors said recently that family members who served as legal custodians for incapacitated nursing home residents could lose parenthood if they refused. Will allow their relatives to be vaccinated
The Italian government approved a decree last week to explicitly authorize the head of hospital and individual physicians to make informed consent for vaccination on behalf of non-self-employed patients, including home residents. Elderly who are incapacitated and have no parental consent
The procedure requires doctors to send written documents to the judge who has 48 hours to approve or decline the request.
Although nearly ten European countries have laws requiring vaccinations for diseases such as polio, measles and diphtheria. The law was virtually unenforceable by the courts, although a Belgian court in 2008 fined and sentenced two sets of parents to five months in prison for failing to vaccinate their children against polio.
Unlike the COVID-19 vaccine, which is still technically considered a legal vaccine in Europe, it has been in use for decades.
The World Health Organization previously said it was not recommended to be vaccinated against the coronavirus, fearing it would undermine public confidence in existing vaccines.
At a press conference last month, Dr. Kate O’Brien, head of the WHO’s vaccine division, said she thought it would be better if countries do. The “positive environment” for vaccination compared to the regulations. But O’Brien admits it might make sense in some high-risk environments, such as hospitals, where staff and patients are required to be vaccinated.
Some ethics say the court’s decision to order a woman to get vaccinated was likely the reason she was at high risk of COVID-19 as she lives in a nursing home.
“The court has to consider the balance of probability and if this woman is an elderly woman, she is at a lower risk of COVID-related death from adverse events,” said Julian Savulescu, director The Oxford Uehiro Center delivers practical ethics at the University of Oxford.
He said that even in countries that do not have mandatory vaccination laws. But states have a duty to protect people when those who make decisions on their behalf may not act in their best interests.
“If you didn’t vaccinate the woman and she died of COVID, people would say, ‘Why don’t you protect her?’ ”Savulescu said.
Maria Cheng reported from Toronto, Nicole Winfield of Rome and Aritz Parra from Madrid were involved in the matter.
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