Abstract

There is no persuasive reason to object to the position of medical science (and the belief of the majority of the world’s population) that vaccines against particularly difficult and communicable infectious diseases are one of the major and most important achievements of humanity and the development of medicine. Nevertheless, the fact that the number of people who perceive and experience vaccines with discomfort, doubt, mistrust, or fear cannot be ignored. The number of these people is increasing rapidly and significantly. It should not be overlooked that the legal policy on vaccines and compulsory vaccination, as an interference with the physical and moral integrity of the individual, must be convincingly justified, legally regulated and, above all, harmonized with the basic rules and principles of constitutionality. Author focuses on this last issue. He pays particular attention to the current case, regarding compulsory vaccination, which is to be decided by the Grand Chamber of the ECtHR in a short period of time, Vavřička and Others v. The Czech Republic. In doing so, the author connects parallel political, social and legal elements of the title topic, by exposing the ever-threatening danger of discrimination, stigmatization and social isolation of those people who express concerns about vaccines. Author explains his expectation regarding the forthcoming decision of the ECtHR on this issue and highlights the challenges and problems that the EU Member States will face in the short term, regarding fundamental human rights to privacy, freedom of movement and liberty interest.

Keywords:

Compulsory (Mandatory) Vaccination; Fundamental Human Rights and Freedoms; Positive Obligations of the State Doctrine; A Case of Vavřička and Others v. The Czech Republic; Constitutional Court Decision on Compulsory Vaccination; Public Controversy Regarding Compulsory Vaccination.

Publication /objava: TERŠEK, Andraž. Compulsory Vaccination and Fundamental Human Rights (Obvezno cepljenje in temeljne človekove pravice). V: KRESAL, Friderika (ur.), AMON, Mojca (ur.). Trajnost in fizioterapija: III. znanstveni simpozij 2020 = Sustainability and physiotherapy: III. scientific symposium 2020: [večavtorska monografija]. Ljubljana: Visokošolski zavod Fizioterapevtika, 2020. Str. 105-122. ISBN 978-961-93982-4-1. [COBISS.SI-ID 37244419]

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