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Compulsory vaccination and reservation of conscience

Publication at Catholic Theological Faculty |
2023

Abstract

Freedom of conscience and religion belief is one of the fundamental human rights in democratic states generally recognized and guaranteed by the constitutional order in the Czech Republic (as well as elsewhere). A specific expression of this freedom is the reservation of conscience, which is no Langer so widely anchored.

In the Czech Republic, it is directly guaranteed by law in two specifically defined cases only. The level of application of this legal institute was dealt with several times by the Constitutional Court of the Czech Republic.

The recent pandemic situation has raised the legal issue of compulsory vaccination and the hypothetical possibility of whether conscientious objectors to compulsory vaccination would be allowed to be recognized. This article deals with the question of how these possible disputes could be resolved in the light of the previous jurisprudence of the Constitutional Court.