Mandatory vaccination in France

Auxerre: a couple sentenced to two months suspended prison sentence for refusing to vaccinate their children

By AFP – January 7th, 2016 at 15:33

A couple was sentenced Thursday to two months suspended prison sentence for refusing to vaccinate their children against diphtheria, tetanus and polio (DTP), which is mandatory in France.

Marc and Samia Larère had been summoned to court for failing to vaccinate their two children, including their eldest daughter, aged four.

The Criminal Court of Auxerre reclassified the facts “refusal to submit to mandatory vaccination,” offense under the Code of Public Health, which provides for a maximum of one term of six months imprisonment and a fine of € 3,750 .

The couple was initially charged with “subtraction by a parent with its legal obligations compromising health (…) a child”, an offense punishable up to two years imprisonment and a 30,000 euro fine.

A new hearing was held on December 14 to discuss this potential redevelopment.

“It is a decision at first nice view but, secondly, can be dangerous as it could lead to further prosecutions and Real would be considered as being in recidivism,” said the lawyer spouses, Mr. Emmanuel Ludot.

The lawyer said that his clients “allowed themselves time for reflection” on a possible appeal.

Mr. Larère for his part expressed AFP his “surprise” after the sentence because “only the unavailability of required vaccinations is proven.” “We condemn us for something unattainable,” he criticizes. The DTP vaccine against the disease only, which does not contain other valences, including whooping cough, is no longer available on the market since 2008, said the father.

The case had gone before the Constitutional Council until after the filing of a priority question of constitutionality by the couple. The Sages had considered mandatory vaccination in March conforms “to the constitutional requirement of health protection.”

To read the original French article click HERE

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