There is no infringement of the ideological freedom nor of the right to the equalityThe parents resort a resolution of the City council by which the request of inscription of its smaller son in the day-care center is denied to them than it had chosen. The reason was that they had not presented the vaccination record, obligatory proceeding according to the Regulation of Internal Regime. The appellants alleged as much infringement of the ideological freedom as of the right to the equality. According to they indicate, they decided not to vaccinate his son because it destroys its natural immunological capacity and it did not contribute lasting immunity to him. They understand that the Administration must be neutral, and the refusal to register its son harms its ideological freedom. Also according to they indicate, his right to the equality of the article 14 EC (LAW 2500/1978) also has seen it jeopardize, since the vaccination is voluntary, and to be able to register his son it is commited to them against his will to do it. They even enclose documentation on the adverse side effects and of vaccines.
The parents contributed the record of empty vaccinationThe ancestors also allege that according to the Regulation of application, to come to the matriculation it is necessary to present the card of vaccinations and thus they did it, but empty of content, because at no moment is indicated in the norm that the boy must be vaccinated. The court considers that to interpret therefore the norm it constitutes an absurd one. If it is asked for the presentation of the vaccination record is to indeed verify the calendar of vaccinations of the minor. And this card of vaccinations must as object pick up the fulfillment of the calendar. A card in target does not certify anything and to present it thus lacks sense and utility. Consequently the Court, taking care of the nature of the lawsuit (right fundamental), inadmite the resource against the resolution of the City council. The sentence is susceptible of appeal resource before the Court Superior of Justice of Catalonia.
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