Covid19 vaccine consent / refusal forms in healthcare facilities
In these days you are making many requests for help / advice regarding the need to produce a written refusal to administer the anti-Covid vaccine19.
In fact, the requests are all similar, also because the forms are the one proposed to all health workers, social health workers, and to employees of health facilities or RSAs (including administrative-clerical employees).
Let's start by saying that there is no legislation that forces the employee to express his refusal to undergo vaccination, as far as we know. In fact, vaccination is optional, although strongly recommended for operators in this sector.
We add that the structures refer to regional and / or ministerial circulars concerning the need to organize the supply and administration of vaccines in these places from a logistical point of view; the circulars certainly have an administrative value but do not mention obligations for the persons concerned.
What happens if I don't return the form? Can I refuse / can they force me?
This is the main question that is asked to us and we have also discussed it with our trusted lawyer, coming to the conclusion that there are no acts or regulations that oblige the subjects involved to return the proposed form.
There are also no consequences foreseen as a result of the non-delivery or intended as pecuniary or disciplinary sanctions and any threat or intimidation in this sense is to be considered illegal.
Even if it is true, as we know, that the proposed modules do not report any kind of consequence or assumption of responsibility related to the refusal to vaccinate, our position is that which always protects the privacy of the individual as a priority as well as the right not to adhere to a vaccination campaign, moreover not compulsory and, we remember, experimental.
Therefore what we can say is that it is not mandatory to adhere to this type of proposal, not even limited to the delivery of a dissent or refusal form.
This means that it is your legal right not to deliver what has been requested, even if you do not recognize any particular problems and consequences if you decide to do so.
This obviously in today's state of affairs, which as we see can change suddenly.
In the event that there are situations at the limits of legality (intimidation or threats of consequences at work, injury to privacy, mobbing or other) we point out that we are not able to offer legal protection but we can give you the reference of the firm lawyer of our choice for a private consultation.
In the hope of having made a minimum of clarity as far as the situation allows, we remember that we are simple parents who try to offer the users of the association a reading and advice, within the limits of our possibilities.