Mandatory vaccination against covid-19: does the emergency measure of the Ministry of Health impose indirectly the obligation of vaccination?
Abstract
The slow rate of vaccination against Covid-19 is the reason why many European countries are increasing a pressure to people to let decide to get vaccinated. The goal is to achieve a herd immunity that would prevent circulation of the virus among the population.
The Czech Republic is one of these countries. The Czech Republic has newly introduced the "O-N regime".
The O-N regime in principle recognizes only vaccination certificate and certificate of having recovered from illness as proof of absence of infection. As a result, the unvaccinated people who have not suffered from the disease are banned from entering a selected place of business, using services or participating in events.
It is necessary to consider whether the emergency measure impose a de facto vaccination obligation and whether it is possible to impose the vaccination obligation through the emergency measure, either directly (explicitly) or indirectly (as a consequence of infectious conditions).