The owner of Federal Court No. 2 of La Plata, Adolfo Gabino Ziulu, filed a lawsuit against amparo and ordered the national state to guarantee meningococcal vaccination for all children under the age of 11 in the province of Buenos Aires. The national executive has suspended the dose for children of this age, informing about this through the website of the then Ministry of Health of the nation, but without any administrative act. That is, there was no decree signed by those responsible for the measure. It was also not indicated how long the use of this dose would be suspended.
As a result, the minor’s mother and civic association AJUS La Plata-Ensenada opposed this decision. In response, Judge Ziulu initially agreed to consider the case as a team, covering all 11-year-old boys and girls from the province of Buenos Aires, and subsequently issued an injunction and ordered the state to vaccinate the girl for free. Mother filed a lawsuit, providing funds for this.
Now the magistrate decided the merits of the case and made amparo, as he believed that the then Ministry of Health was factual because he reported on vaccination via the Internet without any administrative act confirming this, in violation of the beginning of the law.
In this sense, Judge Ziulu ordered that the resolution in question should not be suspended.
Dr. Emanuel Desoho, the head of AJUS and the sponsor of the woman who asked for amparo, explained: “We presented amparo in September, after the then nation’s health ministry in August (today became the secretariat). for 11-year-old boys until they have the necessary accessibility. He falsely argued that there was no stockpile, which gave them responsibility to the laboratories, which they allegedly lacked in sufficient quantities – a fact that was refuted by the same suppliers.
One of the areas of protection is the protection of the right of all children to health. “At that moment, when compulsory and free vaccination was suspended, the vaccine cost about 2,000 pesos. Now it costs about 3,000. Not everyone can pay. Thus, we also raise this as a matter of justice. And we also ask that children who were 11 years old at the time of the suspension were included, and now they are 12. The resolution includes those children from whom they are protected, ”said Dr. Desojo.
One of the arguments used by the then Ministry of Health to stop taking doses in children was that this age group was not the most vulnerable and that they gave priority to the smallest vaccinations. But this reasoning was diffused in amparo (and confirmed in the "visible" sentence) on the basis of the recommendations of the World Health Organization (WHO). At the age of 11, immunization received with previous doses is lost, so children of this age can spread the disease, for example, in schools and be a potential source of danger for children under three months of age who do not have a vaccine. Because of the high mortality rate and the very serious consequences, WHO recognizes the importance of this disease and the usefulness of vaccination as a preventive measure.
"It is very important that this ruling be distributed to all those who brought the children for vaccination and told them not to return to receive the vaccine." If in some place they say that it is not now, for any reason (what is not, that they have suspended it, whatever it is), you should ask for a certificate in order to file a lawsuit and vaccinate them ”, – insisted desojo.
Judge Ziulu’s sentence protects only the right to children's health in the province of Buenos Aires, since it does not have a national dimension. On the other hand, both deputies and senators are trying to protect budget items intended for the vaccination program. A bill in this sense about MP Pablo Edlina was approved in the lower house, while national senator Magdalena Odard introduced in the bill a declaration of the intangibility of budget items for the National Vaccination Calendar and vaccine coverage. so that Congress can protect resources for vaccines and that what happened in August with the “lack of stocks” of meningitis vaccine does not happen again, ”said Rionegrin.