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Vaccination - duty or possibility from a legal perspective

Publication at Faculty of Law |
2020

Abstract

Vaccination of not only children is one of the frequently discussed topics of our time. Whether and when to have your child or yourself vaccinated, and what vaccination or non-vaccination can cause, has long been a topic not only in paediatric waiting rooms and general practitioners' surgeries, but also in children's climbing frames, sandboxes, social networks and pubs.

A modern society in different ways of life has different perspectives on the state-imposed obligation to undergo mandatory vaccination. In this context, we are talking about human rights, the reservation of conscience, but also about the possible return in our country of virtually eradicated diseases and a general threat to human health.

In the present article I do not address the factual question from the perspective of medicine, i.e. whether the claims about the threats from vaccination are myths or facts. In this article, however, I deal with the legal level of the issue, i.e. whether it is necessary to undergo compulsory vaccination, the consequences of refusal of vaccination and how to deal with the situation in case of conflicting views of parents.

The article is based on legislation effective on the date of its completion (16 October 2019) and draws on doctrine and case law.