Force without a sanction
It is the objective of the minister of Health.
The government has even made to remove the sanctions provided by the Code of public health prohibiting the refusal to vaccinate. A decision that gives the illusion to the parents stubborn that they do not have to risk anything.
In reality, a criminal prosecution for endangering minors can still be applied.
“As previously, parents may be poursuiviss’they elude, without legitimate reason, to their legal obligations to the pointde jeopardize the health or safety of their child,” recalls Clementine Lequillerier, a researcher at the Institute for Law and Health. The criminal Code provides for two years imprisonment and 30,000 euros fine.
“It is, therefore, the infringement of the santéde the child who will be at the centre of criminal sanctions and the refusal of vaccination”, it is argued in the ministry. In recent decades the criminal prosecutions brought against parents antivaccins have more often been based on this dispositiondu penal Code. “But the sentences are in fact rare, the judges deciding on a case-by-case basis,” noted Clementine Lequillerier, master of conferences at the university Paris Descartes.
In fact, the first, and main sanctionest the prohibition of inscrireet to keep children not vaccinated in the nursery, at school or in summer camps. The checks will start on June 1, 2018. “The parents will accept this situation, they will resort to doctors willing to write fake certificates. But these are at risk of criminal convictions and disciplinary sanctions of the College of physicians,” warns the researcher. .