This will not simplify things for those in charge of the anti-Covid vaccination centers: to vaccinate adolescents, who will be able from this Tuesday to receive the vaccine from Pfizer, they will have to ensure that the two holders of the authority parental have given their agreement.
Covid-19: vaccination as the only remedy
Emmanuel Macron then the Minister of Health Olivier Véran had immediately announced the date on which adolescents could be vaccinated, a week after the extension of the marketing authorization for Pfizer's vaccine to 12-15 years: vaccination "
will obviously be on a voluntary basis with the consent of the parents,
" said Olivier Véran on TF1 on June 2.
For usual acts, "each of the parents is deemed to act with the agreement of the other".
One could then think that the rule would be the same as for all the current medical procedures carried out on minors. The Civil Code specifies that “
the father and mother jointly exercise parental authority
”, but that “
each of the parents is deemed to act with the agreement of the other, when he alone performs a customary act
”. The Ministry of Health specifies, however, that these concepts of acts, whether customary or not, “
have not been defined by regulations and have been very partially defined by case law
”. For the "
acts of daily life without gravity, prescriptions or care gestures which do not expose the patient to a particular danger, such as compulsory care (vaccinations), routine care (superficial wounds, minor infections), usual care (continuation treatment)
”, the doctor may be satisfied with the agreement of one parent, unless he is aware of the opposition of the other.
Read also: Covid-19: for or against the vaccination of children?
Concerning the vaccination against Covid, the ministry distinguishes two types of minors: for those 16 years and over suffering from a pathology which makes them at high risk of severe form of Covid-19, "
the professional vaccinator must make sure of the 'authorization given by at least one of the holders of parental authorization
'. For all others between 12 and 18 years old, "
the vaccination of minors requires the authorization of both holders of parental authority
"; a form is made available which can be signed by both parents and failing this, if only one of the parents is present, "
it should be specified that he undertakes on the honor that the parent co-holder of parental authority has given its authorization
Consent of the minor
In addition, as the National Consultative Ethics Committee had specified in an opinion issued on Wednesday June 9, the minor must be informed by the vaccinator "
on the uncertainties related to the disease, on the vaccine itself and about its medium and long-term effectiveness, as well as additional means of preventing the disease
the administration of the vaccine will then be conditional on the free and informed consent of the minor concerned
The DGS finally specifies that the minor must be provided with the vital card of one of his parents, even if he is over 16 years old and has one in his name, "
to ensure the correct filling of the Covid Vaccine tool