Parental consent needed for vaccination: Turkey's top court

Turkey's Constitutional Court has ruled that parental consent is necessary for the vaccination of babies and children, handing down a contrasting ruling to the country's Supreme Court of Appeals.

The Constitutional Court ruled that it was unconstitutional to vaccinate children or babies without the consent of parents, with the court's justices ruling that mandatory vaccinations in spite of parental opposition could only be done following relevant legal amendments.

The court cited Article 13 and Article 17 of the constitution in its ruling. Article 17 states that "everyone has the right to life and the right to protect and improve their corporal and spiritual existence."

"The corporal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law and shall not be subjected to scientific or medical experiments without their consent," the article states.

In a June 22 ruling, the Supreme Court of Appeals' 2nd Civil Chamber said parental permission was not necessary for certain types of vaccines which were in a child's "best interest" to receive.

The Supreme Court of Appeals also gave an exemplary ruling on May 4, in which it said parental permission did not need to be sought for significant vaccines, recalling articles in the United Nations Convention on the Rights of the Child and the Turkish Civil Code which highlights the best interests of a child.

"It is seen that the mentioned vaccine is among the ones which is necessary for protecting the child from diseases in the future and protecting the health of the society as is mentioned in the Health Ministry's 'broadened immunity program' calendar. A legal result cannot be derived in cases when the legal representatives...