child

Earlier this year, the parent of a minor seized a court in Montevideo with an amparo action, claiming the illegality of COVID-19 vaccination campaigns on children under 13 years of age and requesting the suspension of the treatment.

On 7 July 2022, the Montevideo Court upheld the claimant’s requests and suspended the vaccination campaigns for children on the grounds that it is contrary to the constitutional rights to health and information, since the government never disclosed relevant information regarding the substance used to develop the vaccines, as well as the potential risks related to its administration. In particular, the Court ordered the suspension of the campaign until the following conditions were met:

  • that all contracts for the purchase of these vaccines be published, as well as all documents attached to them, in particular all those detailing the composition of the substances to be inoculated;
  • that a text be drawn up – to be provided to those responsible for the minors to be vaccinated;
  • that children to be vaccinated shall receive fully and clearly information about the composition of the substances to be injected;
  • that the vaccine’s benefits and risks involved be described, with details of their nature, likelihood, magnitude and, if possible, time of occurrence, detailing the adverse effects that have already been identified; and
  • that a clarification be provided that the substance has only received an emergency authorization.

By decision of 25 July 2022, the Court of Appeal of Montevideo revoked that ruling on procedural grounds. In particular, the Court found that, during the proceedings before the court of first instance, the plaintiffs did not comply with fundamental procedural requirements, including the need to file the action within the time limits established by the law.

Following the issuing of the decision by the Court of Appeal, Uruguay resumed the vaccination campaign for children under the age of 13.

Full text of the decision available at efe.com es