The 7th Investigative Court of Avilés granted the decision-making capacity regarding the vaccination of an 8-year-old minor to her mother with the aim of ensuring that she receives the complete vaccination schedule, as recommended by health authorities.
This decision by the magistrate is based on the fact that the mother has custody of the daughter, while the father has visitation rights on alternate weekends and half of her vacation period.
The mother advocated for vaccinating the child, while the father preferred not to do so. The entire environment around the child was vaccinated, with the mother being a healthcare professional.
In contrast, the father, after receiving the first dose, experienced tachycardia and refused to complete the vaccination schedule.
Therefore, the judge argued that the vaccination of the minor is not contrary to her best interests, “but is done to avoid developing greater severity in case of infection, as approved by health authorities and pediatricians. With this vaccine, the goal is not only to achieve a better immune response, considering that minors can indeed contract COVID, so it is not only a measure adopted for the safety of third parties but for her health.”
For all these reasons, the decision regarding whether to vaccinate the minor is granted to the mother, as she is the primary caregiver, has custody, and is further strengthened by working in the healthcare field where the risk of contracting COVID is higher than in other professions.
