It has been possible since 22 December 2021 for children aged from 5 to 11 to be vaccinated -except for those who have medical contraindications. The vaccine is not compulsory. It is given on a voluntary basis. Therefore it is only fair to ask who will decide in practice that a child should be vaccinated?
Since Law No 2022-46 dated 22 January 2022 came into force, the vaccine can be given to children of that age on the condition that one of the parents consents to it. Before that date, both parents had to give their consent.
Consequently, regardless the age of the child (from 5 to 11 or from 12 to 17), the legislation about Coronavirus (COVID-19) vaccination has been harmonized. One parent’s authorization is now sufficient.
However, what can parents do in case they disagree? Law No 2022-46 is silent about this. Reference should then be made to rules laid down by the French Civil Code and case law.
Article 372-2 of the French Civil Code states that: “Where one of the parents performs alone a usual act of parental authority concerning te person of the child, he or she shall be considered to be acting with the consent of the other with regard to third parties in good faith”. The only solution for the parent who is against the vaccination of his or her child is to make his or her view known in writing to the health professional -for instance by mentioning it in the personal child health record. Thanks to this, the legal presumption set out at article 372-2 will be rebutted.
As a conclusion, litigation about the vaccination against the Coronavirus is not going to stop anytime soon!