It was estimated that omission constitutes an illegal and arbitrary action that violates the right to life and physical integrity of the infant.
On May 14, the Supreme Court in Cause Role No. 15,250 – 2025 revoked the sentence appealed and instead welcomed the protection action deduced in favor of ARMR, the BCG vaccine is applied immediately, for being mandatory.
The constitutional action was filed in favor of a newborn against their parents, who refused to authorize their immunization with the BCG vaccine. The recurring part argued that this refusal contravenes the current health regulations and constitutes an illegal action, by violating the right to life and the physical integrity of the minor, enshrined in article 19 No. 1 of the Political Constitution of the Republic. Consequently, he requested that the forced administration of the aforementioned vaccine be ordered.
In the first instance, the Court of Appeals of Santiago rejected the protection action, considering that the decision of the parents did not constitute a current violation of the fundamental rights of the minor attributable to an illegal or arbitrary action or omission.
However, this decision appealed, the Supreme Court revoked it, estimating that the refusal of parents to authorize mandatory vaccination constitutes an illegal and arbitrary action. The highest court considered that such conduct violates the current health regulations – particularly the mandatory nature of the PNI -, and directly affects the right to life and physical integrity of the infant, who is under special constitutional protection.
Therefore, the Supreme Court welcomed the appeal and ordered that the BCG vaccine be applied immediately.
Supreme Court
