Conflicting Rights Regarding Vaccinations in Dutch Daycare

Updated on May 16, 2019
Ben vd Aardweg profile image

Writing essays has been one of my dearest hobbies. I love to write about topics such as health, ethics, philosophy and law.

Introduction

Lately, the government has been debating whether daycare companies can reject children who are not vaccinated. This can be seen as a way of protecting the other kids present at the school, as the daycare providers are partly responsible for their health.

However, rejecting those kids can also be seen as an act of discrimination, which would go against article 2 of the UDHR: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” (United Nations, n.d.)

If you look at this case objectively, daycare companies have no legal reasons to have restrictions on whether kids are vaccinated or not, except to protect the health of their children. Yet it is illegal to oblige parents into giving medical information about their child. Therefore, in our opinion, daycare companies shouldn’t be allowed to reject children who aren’t vaccinated.

What do you think?

Should daycares be allowed to reject children who haven't been vaccinated?

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Health

From the daycare provider's point of view, they don’t want to accept children who haven't taken their vaccinations because those children can be a source of diseases that they don’t want in their facilities. This has to do with “the possibility that the children who had just been vaccinated can still become seriously ill." And yet you could argue the fact that most or even almost all daycare providers have children aged between 4 and 12 years old, and they’ve had most of their vaccinations long before this age.

So, if the faith and trust in vaccinations are so high at these daycare providers, then why are they afraid of taking in kids who haven’t gotten their vaccinations? In other words, if the vaccines are as effective and important as they claim, they should make the children immune for getting the diseases, making it no problem for them to be in the same room as children who didn’t get a vaccine.

Privacy

Obviously, to reject children without any vaccinations, the daycare providers need medical info about said children. Most often this isn’t a very big deal, but due to the privacy laws, people have the right to keep some details for themselves. Most daycare providers that have these certain conditions oblige the parents to hand over a booklet known as a Vaccinatiebewijs. This info falls under the privacy law, making it illegal to oblige parents to give this info.

Many daycares would claim that “people can’t have any logical reason to not hand over this info,” but this is definitely not the case. 42% of the Dutch population are religious (De Grote Vragen, 2018), and more than half of this group believe that we shouldn’t get vaccinated; diseases are supposedly part of life and shouldn’t be tampered with too much. They believe that God gave us an immune system, and it’s up to Him and our bodies to fight the disease, not some vaccination.

Human Rights

When looking at this particular case, it’s important that we look at it from a legal point of view as well, because it would most likely be hard to make a judgement without it. This case can be seen as quite straightforward, but it is truly not.

Looking from the parents' and children’s point of view, there is one right that stands out the most: they have the right to not be discriminated against. To understand this a little bit better, we need to know what discrimination is exactly. Discrimination is making a distinction based on people’s gender, age, colour and so on, but most importantly also life conviction. This means that the parents and the children aren’t any different from other families because of their conviction. Moreover, there is no law that directly allows daycare givers to have such entry requirements.

Looking from the daycare provider’s perspective, they are legally partially responsible for the children’s health. Having children get extremely sick at school due to infectious germs can cost them a fortune and give them a bad reputation. Hence, they want to minimise the chances of having an infectious outbreak in daycare by not accepting unvaccinated children. Whether this is an effective method of prevention is up for debate, but they do have the right to try and protect the health of the kids.

Politics

As I already mentioned in the introduction, this has been a point of discussion in the House of Representatives. As the matter involves a lot of opinions and ethical objections, it’s hard to look at it only from a legal perspective, even though it quite important. The case has gone by, and there’s no set decision yet, but it looks like the parties all agree on the same thing: there won’t be a law that supports daycare providers in this selection process.

(Hetebrij, 2018) Despite this, there are some parties that have interesting ideas. The VVD appears to be against the prohibition but wants to wait for research done by the Ministry of Public Health in order to make a final decision. Parties like D66 and CDA think that individual daycares can reject unvaccinated children, as they are more vulnerable to getting infectious outbreaks than other big companies.

The ChristenUnie is definitely against it, because they think people should be able to choose whether they want to get their children vaccinated. Moreover, allowing these daycare companies to exclude these kids leads to a decrease in available daycare providers for the kids, basically forcing parents to vaccinate their children, which is crossing a line according to the ChristenUnie.

Conclusion

To sum up all the points made above and to get back to our thesis statement, we strongly agree with the ChristenUnie. We think that refusing to take in unvaccinated children isn’t the best way to solve the problem; by cleaning the toys and the space itself regularly and by telling the kids to wash their hands sufficiently, the chance that diseases will spread are minimal.

Also, we think that from a legal point of view the rights of the unvaccinated children and their parents are dominant in this case. Daycare providers often forget that if people haven’t vaccinated their children, it is most likely because of a good and personal reason, possibly hurting the children and their parents when they get turned down for their beliefs.

And what do you think after reading this essay?

Should daycares be allowed to reject children who haven't been vaccinated?

See results

References

De Grote Vragen. (2018, June 14). Geloof in Nederland: wat zeggen de cijfers? Retrieved from https://degrotevragen.nl/religie/geloof-in-nederland-cijfers/

Hetebrij, B. (2018, June 2). Politiek wil niet-gevaccineerde kinderen niet van de crèche weren. Retrieved from https://demonitor.kro-ncrv.nl/artikelen/politiek-wil-niet-gevaccineerde-kinderen-niet-van-de-creche-weren

United Nations. (n.d.). Universal Declaration of Human Rights. Retrieved from https://www.un.org/en/universal-declaration-human-rights/

This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.

Questions & Answers

    © 2019 Ben van den Aardweg

    Comments

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      • Ben vd Aardweg profile imageAUTHOR

        Ben van den Aardweg 

        2 months ago from Sassenheim, the Netherlands

        Thank you! I'll have a look at it straight away!

      • Bethalmeida profile image

        Bethalmeida 

        3 months ago

        You did a great job of being objective as well. greenmedinfo.com has a whole bunch of information you could look into.

      • Ben vd Aardweg profile imageAUTHOR

        Ben van den Aardweg 

        3 months ago from Sassenheim, the Netherlands

        I I couldn't agree more. The only problem here is who to consider intelligent. To my opinion, it is the people who are independent and dig into the loads of info out there and consider both sides, just like I tried to do in this piece.

      • Masonsmom2015 profile image

        Beth Price 

        3 months ago from Alabama

        Vaccines cause "shedding", which can also infect others. Also, there have been cases where the live measles virus was found in the urine of vaccinated individuals. People are pushing those who are "non-vaxxers" to be FORCED to immunize their children, from what I understand, over the possibility of causing death in those with immune deficiencies that leave them more susceptible to death by a virus that, otherwise is NOT deadly.

        First, what happens when the person with the weak immune system dies AFTER being around someone who has been vaccinated? Or when they get the vaccine because it's safer than your body's natural defense system, and they die from that?

        Second, in what universe is it okay to tell other parents that they HAVE to risk the life of their OWN CHILD in order to make another parent feel more like their child is safe? If someone approached me with that reasoning, I would respond with, "I am deeply sorry your child has health issues, but I'm not going to endanger the health of (and possibly cause the death of) my own child over your belief that a shot consisting of a live virus, aborted fetal lung tissue, and heavy metals would be safe for everyone."

        If they would stop shouting for a minute and actually look OBJECTIVELY at both sides, they would see that, although neither side has totally proven it's case, non-vaxxers are a LOT closer to that than pro-vaxxers. Also, it doesn't take much intelligence to just repeat whatever garbage the government feeds you, rather than researching and weighing the risks on your own. They shouldn't be allowed to take the right of INTELLIGENT parents away, no matter which side of the conflict they're on.

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