An Israeli child has contacted the Assistance and Support Center of the National Council for the Child (NCC) saying that he would like to get vaccinated against the coronavirus but his parents do not allow it, NCC deputy legal adviser Daniella Zlotnik Raz told The Jerusalem Post on Monday.
As Israel faces an increase in coronavirus cases, the government has been focusing on actively promoting the vaccination of 12-15 year-olds, believing that a high rate of immunization in this cohort is an essential tool to prevent further outbreaks.
“I know how much you want to have fun this summer, and you will be able to,” Prime Minister Naftali Bennett said, addressing Israeli teens in a video shared on social media on Monday.
“I also have four kids your age, and they also want to have fun this summer,” he said. “We do not want to impose any restriction on anyone – not on parties, not on trips, no capsules – nothing. But for this, you need to talk to your parents and get vaccinated so that we have a wonderful summer with no lockdowns and no restrictions.”
But can children of antivax parents bypass their stance and get vaccinated?
According to Zlotnik Raz, while Israel lacks legislation giving minors the right to legally consent to medical treatment, they do have the option to petition a court.
Similar cases have already occurred in other countries.
Last week, Italian media reported that two teenagers in Tuscany, a 16- and a 17-year-old, sought to petition a court after their antivax parents denied them the consent to get inoculated against COVID.
“If necessary, I’ll go to the president of Italy,” the 17-year-old said, according to Florence’s paper La Nazione. “I go to the beach with my friends, I started to go out at night when I was 14, I decided to make a living will: I don’t understand why I cannot independently decide to get vaccinated.”
In Italy, minors do not have the legal capacity to appoint a lawyer to represent them. According to the reports, an institution such as their school will need to petition the court on their behalf, and the court will eventually decide – a long process.
BUT WHAT is the situation in Israel?
“At the moment, the Israeli legal system does not have a clear answer to the question,” Zlotnik Raz said. “This highlights how urgent it would be to pass legislation to introduce the legal consent of minors to medical treatment.”
Established in 1986, the NCC is an organization whose mission is “to ensure the welfare, well-being and rights of all children in Israel,” according to its website. Among its services, it offers assistance to children (and if relevant to their parents) for all issues relating to education, domestic violence, disability rights and so on. In addition, the group promotes youth participation in policy making.
According to the expert, a committee to study the issue of medical consent was formed more than ten years ago – which included some representatives of the NCC – and some recommendations were issued, but the authorities never passed a law on the matter.
“Now we are discussing the question of vaccination, which is very important, but we could be talking about any other medical treatment,” she said.
But minors can petition a court.
“In a case like a disagreement about the vaccine, children could potentially approach a court,” Zlotnik Raz noted.
“The court would have to decide based on the best interest of the child, looking at, among other things, the child’s wishes, the Health Ministry’s recommendation and any specific sensitivities of that particular child, as well as their medical situation and the nature and reason of the parents’ objection,” she said. “In addition, the court would have to take into consideration the age and maturity of the child.”
ZLOTNIK RAZ said that over the years there have been several cases of minors petitioning a court following a disagreement with their parents regarding a medical treatment. Contrary to what happens in Italy, Israeli children are allowed to be represented by a lawyer.
In the case of someone seeking help about the corona vaccine, the NCC can help them in several ways, the lawyer added.
“As with other communications we receive, the NCC offers assistance and support to children,” Zlotnik Raz remarked. “In this specific example, based on their age and maturity, we would provide the children with explanations in relation to the legal situation and inform them regarding the potential avenues available for them.”
Once a child would petition the courts, “we could refer the child to the State legal assistance program and, according to the child’s wishes, we could accompany him/her throughout the legal proceedings, submit an NCC position to the court (amicus curiae), etc.,” she added.
“Also, in relevant cases, we could provide other assistance to the child and parents,” Zlotnik Raz said. “For example, we once had a communication with a child who was concerned with a medical treatment issue. An NCC representative acted as a facilitator between the child and parents, so that they were eventually able to discuss things and resolve the issue together.”
The NCC is working to get back to the child who reached out to the council about vaccination and offer its assistance.