Florence, 17 years old sues parents no vax: “I want to get vaccinated”

“My family doesn’t believe in vaccines but it’s the only weapon to get back to life. I want to get vaccinated to be free”. This was stated by Matteo, a 17-year-old from Florence, who turned to the Tuscan marriage lawyers association after his parents, both no vax and not married, denied him consent to receive the Covid vaccine. “If necessary, I will reach the President of the Republic”, says the underage boy to the ‘Nation’. The Florentine high school student wants to get the vaccine, he is convinced of it to the point of having asked the teachers to help him enforce the decision for the protection of his health and that of the public. “I go to the beach with my friends, I went out in the evening at the age of 14, I wanted to make a living will, I don’t understand why I can’t decide independently to get the vaccine”, Matteo told marriage lawyer Gianni Baldini contacted by the teachers of the liceo.Matteo cannot give a mandate to the lawyer, precisely because he is a minor. Therefore the high school or another institution will be called to activate the territorial social service to start an appeal before the competent court. In short, in the end it will be the judge to decide, but the path is far from simple. Similarly, the procedure could be activated by contacting the Guarantor of childhood and adolescence. Otherwise there is still another way: to contact the Civil Intervention Office of the Juvenile Prosecutor’s Office which, in a hearing report, crystallizes the will of the minor allowing you to request the opening of a proceeding at the Juvenile Court which, in turn, it will appoint a special curator who will support the child’s petition against the parents. In any case, only the judge will be able to resolve the conflict. “With the extension to young people under 18 of the vaccination against Covid, disputes between parents and children about vaccination are multiplying”, says the lawyer Gianni Baldini. president of the Association of marriage lawyers of Tuscany which has already received various requests for intervention. “It is happening that minor children want to vaccinate and parents do not agree – explains the lawyer to the ‘Nation’ – But situations also occur in parents, whether they are married or separated or divorced, have conflicting views on vaccination “. So who decides? The problem is that in the Italian judicial system, minors subject to parental authority cannot decide for their own health or even contact a lawyer. The issue is particularly delicate, at this moment “for adolescents vaccination represents not only the possibility of recovering their normality, but also a gesture of social responsibility”. Problems arise if the parents disagree. “As a rule, the choice to vaccinate a minor must have the consent of both parents”, and this is true “both for families in which the parents are married, cohabiting or legally separated or divorced”, explains Baldini. In the end, the judge will decide if the children will be able to get vaccinated. “In all cases of conflict, both between parents (one in favor of the other against) and with the child, the conflict if it fails to settle within the family must be resolved with recourse to the Juvenile Court – explains the matrimonial lawyer – The recourse to the ordinary court is to be evaluated otherwise, when the parents are separated / divorced and also when the relative judgment is pending “. In the event that the minor wants to vaccinate but the parents are against, “the best way would be that of the school or other institution close to the minor, which could activate the territorial social service so that an appeal is initiated before the competent court”.