Compulsory vaccinations and constitutional principles: an important decision of the European Court and a look at the problems of vaccination against Covid-19

Authors

  • Roberto Romboli University of Pisa

DOI:

https://doi.org/10.71206/rapc.36

Keywords:

Constitution, Health, medical treatment, compulsory vaccination, Covid- 19

Abstract

The paper analyzes the constitutional principles on the subject of compulsory vaccinations, with particular regard to the right to health and the freedom of self-determination regarding the choice of health treatments to undergo. The problems connected to the interpretative techniques that can be used and the relationships that arise between the results of scientific research and the political choices of the legislator are therefore highlighted.

A specific comment is therefore dedicated to the recent judgment of the Edu Court, Case of Vavricka v. República Checa, 8 April 2021, which expressed itself for the first time on compliance specifically with art. 8 ECHR of the obligation of childhood vaccination provided for by Czech legislation, affirming principles that can be considered of interest that goes beyond the case decided.

In an attempt to apply the principles analyzed to the events relating to the Covid- 19 pandemic, the following issues are addressed: a) the recipients of the vaccination obligation; b) sanctions in the event of non-compliance with the obligation; c) refusal to vaccinate as an expression of freedom of conscience; d) vaccination not as an obligation, but as a right.

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Published

2021-12-27

How to Cite

Romboli, R. (2021). Compulsory vaccinations and constitutional principles: an important decision of the European Court and a look at the problems of vaccination against Covid-19. Revista Anuario Parlamento Y Constitución, (22), 177–198. https://doi.org/10.71206/rapc.36

Issue

Section

ARTICLES AND NOTES