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The Question of Vaccination in the light of the Case Law of the European Court of Human Rights, Court of Justice of the EU and the Constitutional Court of the Czech Republic

Publication at Faculty of Law |
2018

Abstract

The article deals with the question whether the state has the right to force its citizens to compulsory vaccination in order to prevent the origin and spread of infectious diseases or in which situations the individual has the right to refuse to be vaccinated or to get his persons under guardianship vaccinated. The author deals with the jurisprudence of the European Court of Human Rights, the Court of Justice of the EU and the Constitu- tional Court of the Czech Republic, particularly in connection with how these institutions not only cope with vaccination issues as an interference in an individual's integrity, but he also revolves around the most frequent counterarguments.

The author also takes under consideration the implementation of the current development to the Europe-wide context and describes how the EU institutions react to it.