Holder of Federal Court No. 2 La Plata, Adolfo Gabino Ziulu, submitted amparo's actions and ordered the National State to guarantee vaccination against meningococcus for all children under 11 years in the province of Buenos Aires. National Executive Power has suspended dosages for children of that age, informing them through the Ministry of Nation's website at that time but without administrative action. That is, no decision is signed by those responsible for the action. It is also not indicated how long the application of the dose will be suspended.
As a result, mothers of minors and the AJUS Civil Association La Plata-Ensenada made a judicial presentation of the decision. In response, Judge Ziulu first agreed to deal with the case collectively, reaching out to all 11-year-old boys and girls from the province of Buenos Aires, and then making orders and ordering the State to vaccinate the girl for free. The mother has filed a lawsuit, providing the means to do so.
Now, the judge decides on the benefits of this problem and makes Amparo, because he considers that the Ministry of Health at that time was de facto, because he reported vaccination through the web without any administrative action to support it, which violated the initial legality.
In that case, Judge Ziulu ordered that the resolution be suspended.
Emanuel Desojo, head of AJUS and a female sponsor who asked Amparo, explained: "We presented Amaro in September, after, in August, the Ministry of National Health at that time (now the secretariat), a press release, he reported deferring dosages to children men as young as 11 years old until they have the necessary availability. Arguing, erroneously, the lack of stock, which gives them responsibility to the laboratory, which is suspected of lacking the amount, facts that are rejected by the same supplier.
One axis of protection is the defense of the right to the health of all children. "When the mandatory and free vaccination is suspended, the cost of the vaccine is around 2,000 pesos. Now it costs around 3000. Not everyone can pay. So we also increase it as an equity issue. And we also ask that 11-year-old children at suspension included and now they are 12 years old. The decision includes the children, for which they are protected, "said Dr. Desojo.
One of the arguments used by the Ministry of Health at that time to suspend doses in puberty was that this age group was not the most vulnerable and they prioritized the smallest vaccinations. But the reason was crushed in amparo (and maintained in "visible" from the sentence), based on recommendations from the World Health Organization (WHO). At the age of 11 years, immunizations obtained with previous doses are lost, so that children at this age can spread disease in schools, for example, and become a potential source of danger for infants younger than three months, therefore there is no vaccine. Due to high mortality rates and very serious consequences, WHO recognizes the importance of diseases and the use of vaccination as a preventive measure.
"It is very important that this ruling be disseminated, so that everyone who brings the children to be vaccinated and tells them not to return to receive the vaccine. If somewhere they say no now, for whatever reason (that there is none, they suspend it whatever it is, you have to ask for a certificate, to file a legal action and get them vaccinated, "Desojo urged.
Judge Judge Ziulu only protects children's health rights in the province of Buenos Aires, because it does not have national coverage. On the other hand, both deputies and senators sought to protect budget items intended for vaccination programs. A bill in the sense of Pablo Yedlin's deputy was well chosen in the lower house, while national Senator Magdalena Odarda was presented in a bill to declare intangible budget items for the National Vaccination Calendar and vaccine coverage. "In the context of adjusting and cutting this public health, we think it is important that Congress can protect resources for vaccines and that what happened in August with stok lack of stock & # 39; vaccines against meningitis did not occur again," rionegrina determined .