Two sets of parents in Belgium who refused to have their children vaccinated against polio, which is compulsory under Belgian law, were convicted earlier this month. Each parent was fined €5500 (£4100; $8000) and sentenced to five months in prison.
In an interview with the BMJ the presiding judge, Bart Meganck of the Court of First Instance in the Flemish city of Dendermonde, said that the parents failed to appear for the 4 February court date. He therefore convicted them on the basis of police reports. He suspended the prison sentences pending whether or not the children receive polio vaccinations.
Asked what would happen if the parents still refuse, Judge Meganck said: “I don’t think that will happen.” He explained that if they fail to obey the court then that would be a “new crime” and they would receive a new summons to appear in court.
Since the late 1960s vaccination against polio has been compulsory in Belgium for all infants before they reach 18 months old. It is the only vaccine that is compulsory. The doctor administering the vaccination gives parents a document of proof, which must then be presented to local officials in the community where the child was born. If parents fail to meet the 18 month deadline, Judge Meganck said, they are reminded by local officials. If they still refuse, the district attorney is notified.
Roland Lemye, president of the Belgian Medical Association, said that he supports compulsory polio vaccination. “Usually I believe in individual freedoms,” he said. “But we need polio vaccinations to protect the children and the population. Polio is a very serious disease.”
Because of privacy laws Judge Meganck could not say how many children were involved in the current court case, their ages, or the motivation of the parents for refusing polio vaccination.
From the date the parents receive official notification of their convictions they have 15 days to ask for a new hearing in Judge Meganck’s court, allowing them to appear this time with legal representation and to testify. The parents also have the option to appeal the conviction directly at the provincial level, he said.
“It would be better for them to come back to me and appear,” Judge Meganck said. This would allow the parents to explain their motivation for refusing the vaccinations and to have this information in official court documents for potential appeal to a higher court. But he noted that Belgian law allows exceptions only if parents can prove that the child might have adverse health reactions to the polio vaccine.
Judge Meganck said that this was his first ever case involving polio vaccination but that a handful of cases had taken place in other jurisdictions in recent years. “There is a discussion beginning about the law,” he said. “But most politicians do not want to change the law.”