Vaccination against Covid-19 is open to minors aged 12 to 18. This vaccination is not compulsory.
However, questions can arise in relation to the consent needed for vaccination of a minor - consent from the persons who have parental responsibility for the minor and consent from the minor themselves. Do both parents have to agree to the vaccination? Does the child have to give consent to the vaccination?
1. Consent from the co-holders of parental responsibility
Separation of the parents has no impact on the rules governing the attribution of parental responsibility: parents continue to exercise parental responsibility jointly (Article 302-1 paragraph 1 of the Civil Code). Furthermore, the law distinguishes between the ordinary, day-to-day exercise of parental responsibility and the exercise of parental responsibility involving more important decisions (Article 301 paragraph 4 of the Civil Code).
For routine, day-to-day matters involving the child, the father or mother is exempt from proving the agreement of the other parent.
However, Monegasque law does not give any definition for those routine, decisions. In general, non-routine decisions are defined as decisions that are important, serious, unusual or that affect the child's health, safety or education.
In the case of vaccination, the fact that it is not a compulsory requirement does not necessarily mean that it is not a "routine, day-to-day" decision.
Although Monegasque case law has not yet ruled on this matter, it is nevertheless reasonable to assume that, as it is the case in French law, only the authorisation of one of the co-holders of parental responsibility is required to vaccinate the child against covid-19.
Indeed, the "Direction de l'Action Sanitaire" has drawn up a standard form for parents to authorise vaccination against Covid-19 for a minor (https://covid19.mc/wp-content/uploads/2021/06/Autorisation-parentale-vaccination.pdf).
This form is "to be completed by the legal representative of the minor to be vaccinated".
Moreover, Article 11 of Law No. 882 of 29 May 1970 on compulsory vaccination states that: "The legal representative of a minor child or the person effectively assuming custody of the child is personally responsible for carrying out the vaccination obligations prescribed by this law".
In the light of these elements, it seems that vaccination against Covid-19 could be considered as an ordinary decision in relation to the exercise of parental responsibility.
In any event, even though it is normally presumed that routine decisions are made with the agreement of both parents, this presumption can be easily overturned if the non-consenting parent expressly indicates their disagreement.
2. The consent of the minor child
Finally, to the extent that parents involve the child in the decision-making process, (in accordance with the child's age and degree of maturity), every minor child who has the necessary level of awareness has a right to information in relation to their medical care.
Going beyond the right to information, Article 1 of Law n°1.454 of 30 October 2017 on consent and information in medical matters provides that: "The free and informed consent of any person required to undergo a medical procedure or a medical treatment shall be obtained prior to the act or the treatment by the health professional responsible, within the framework of his or her skills and in compliance with the professional rules applicable to that professional, for carrying out the procedure or prescribing the treatment".
These provisions are applicable to minors if their level of awareness and understanding, as assessed by the health professional, allows them to express their wishes (Article 2 of Law n°1.454).
In any event, the child's best interests are the primary consideration in any decision to be made by the parents. If parents cannot come to an agreement, the Guardianship Judge will be the only one to authorise the vaccination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
