Kids right to decide on jab no child’s play

Law on consent for 12 to 17-year olds ruffles feathers

THE GOVERNMENT’S announcement that children who were 12 years and older could take the Covid-19 vaccination without their parents, guardians and caretakers’ consent has ruffled feathers across South Africa.

Parents yesterday weighed in on the issue, with many disagreeing with the Children’s Act.

Following the announcement that the vaccine roll-out for children between the ages of 12 and 17 would start tomorrow, the acting director-general for the Department of Health, Dr Nicholas Crisp, said that it was possible for children in this cohort to go for vaccination without their parents’ consent, according to provisions in the Children’s Act.

Section 129 of the Children’s Act also states that parents, guardians and caregivers may consent to the medical treatment of the child if the child is 12 years or older, but is of insufficient maturity or is unable to understand the benefits, risks and social implications of the treatment.

African Christian Democratic Party (ACDP) leader, the Reverend Kenneth Meshoe, said the party did not agree with children being able to consent without their parents permission.

“We believe children who are under 18 do not have enough comprehension to make such a decision. If you ask them questions about medicine and vaccination, they cannot answer those questions,” Meshoe said.

The ACDP leader believed that parents should be guiding their children on whether they should vaccinate, and said the state must not try to divorce parents from their responsibilities.

“The act talks about whether a child is mature enough, but how do we define maturity if we are not using age? Maturity is very relative,” he said.

Some parents also disagreed with the act. Phindile Zaphi, the mother of a 15-year-old, said if vaccination was compulsory according to her child’s school, she would allow her child to get the jab. However, she said it was wrong that children just 12 years old could consent to a Covid-19 vaccine.

“I was so sad when I heard that my child could consent without my approval because I have to agree with them and give permission,” she said.

Themba Mngomezulu, the grandfather of a boy in this age group, said he was uncomfortable with the idea of his grandchild getting vaccinated without consulting him. “I haven’t been vaccinated, so how do I allow my child to get vaccinated when I have my own personal reasons why I haven’t been vaccinated?” he asked.

Oscar Khanyile, the father of a 12-year-old, said he would feel more comfortable about his child getting the vaccine if there weren’t already global debates about them.

“The population is divided down the middle on whether to get vaccinated or not, and as an adult I’m able to say no, but my child still needs my protection. They could get the jab and something happens and I could have regrets. If there weren’t so many questions about the vaccines, I’d gladly encourage my 12-year-old to get vaccinated,” he said.

Another parent, who asked to remain anonymous, said she wasn’t comfortable with her child getting vaccinated without her consent because she felt her child was not mature enough to make that decision on their own.

National Association of School Governing Bodies general secretary Matakanye Matakanye said the association welcomed the initiative.

“However, we have a serious problem because the law contradicts culture and that is going to create problems, but there is nothing we can do as it is the law. These children must be counselled, and the best counsellors are their parents, so how can parents counsel them when their children say they have the right to accept?”

Matakanye said they were concerned about this, but urged parents to counsel and support their kids because they were still minors.