The reported problem – the refusal of the legal representative to allow the testing of a minor for COVID-19

The People’s Advocate for children’s rights was notified on mediating a conflict between the parent of a minor and the administration of a public hospital medical institution. A minor who had a fracture was to undergo surgery. Because the child showed some symptoms of new Coronavirus contamination, and in order to avoid the risk for the entire team of doctors, the medical institution requested the consent of the legal representative to test the minor for COVID-19, but the child’s mother refused to test the minor.

The Ombudsman’s reaction:

The representatives from the People’s Advocate Office discussed with the minor’s legal representative on this subject, but only after he/she was informed of the provisions of Decision no. 8 of March 15, 2020 of the National Commission for exceptional situations regarding the sanctions that could be applied as a result of the refusal, the mother of the child agreed to perform the COVID-19 test of the child.

The People’s Advocate for children’s rights has previously publicly urged [1] parents and other legal representatives of children on their obligation and responsibility to take all measures to create maximum safety conditions to prevent the illness of children, especially with the COVID-19 virus. On this occasion, the Children’s Ombudsman recalls the responsibility of parents to strictly comply with the rules imposed by state authorities, for the inclusive protection of health care workers.

In the context of the new changes in the legal framework that establish the prosecution of persons who do not comply with the rules imposed by the authorities and the criminal liability for spreading the virus, the Children’s Ombudsman brings back to the care of children, the provisions of the Contravention Code for failure to fulfill the obligations of maintenance, education and training of the child. The People’s Advocate for children’s rights, Maia Banarescu, stated that she is available to interfere in cases related to the epidemiological situation, but also related to the protection of children’s rights. For this purpose, the Child’s Trust Phone was launched, managed by the Department for Children’s Rights of the People’s Advocate Office – 080011116.

[1] https://old2.ombudsman.md/news/avocatul-poporului-pentru-drepturile-copilului-este-ingrijorat-de-numarul-mare-de-copii-infectati-cu-virusul-covid-19-si-solicita-responsabilizarea-adultilor-care-au-in-supraveghere-copii-si-atentio/?fbclid=IwAR2XRtgQJy0sCYNj2P_MyH5u-VOr-nrWxxi4vFAO5LfxITCshty4gLrsP0k