Public HealthCivil law regulation and criminal enforcement of mandatory vaccination policies: A comparative aspectRéglementation civile et application pénale des politiques de vaccination obligatoire : Un aspect comparatif
Section snippets
Statistics and global trends in vaccine prevention
Undoubtedly, one can argue for international, political, national advocacy in favour of vaccination. This is evidenced by many factors. In particular, the World Health Organisation insists on vaccination of 95% of children (100% of coverage cannot be for contraindications for various reasons). In its annual list of global threats to humanity, the organisation also made a waiver of vaccination. This list states that vaccination is one of the most cost-effective ways to prevent disease, as it
Situation in the European Union
In the field of health care, the most important policy area is the prevention and treatment of infectious diseases because they are widespread. Without proper legal regulation, it is impossible to ensure the prevention and treatment of infectious diseases. Therefore, an important condition and an integral part of effective state policy is the formation of a proper legislative framework, because, first of all, the legal field defines its bases, the basic parameters and factors are formed, and
Case law of the European Court of Human Rights in vaccination cases
As it can be seen, the relevance of this topic lies in two problematic planes. The first concerns regulatory conflict, the second concerns public and private interests. In order to overcome the first reason, it is necessary to harmonise the national legislation, in order to solve the second – it is necessary to establish what is more important: public or private interests? This question is more philosophical-legal than purely legal, but the authors will try to find the answer to it in the case
Conclusions
The above allows us to conclude the legal regulation of compulsory vaccination. Mandatory vaccination against certain diseases (in the legal sense) is the exception rather than the rule in European countries. In most European countries (except France, Italy, Greece, Great Britain) vaccination is voluntary, and high rates of immunization of the population are achieved by educational companies and so on. According to the case law of the European Court of Human Rights, states have the discretion
Disclosure of interest
The authors declare that they have no competing interest.
References (28)
- et al.
Reaching everyone, everywhere with life-saving vaccines
Lancet
(2017) - et al.
Focus on vaccination: the view of doctors and parents and an analysis of its pharmaceutical provision for managed pediatric bacterial infections
Pharm J
(2018) Immunisation as a pledge of epidemic well-being of the population
Libr Fam Doct Fam Nurse
(2016)International legal regulation of state cooperation in the field of health care
(2014)- et al.
Compulsory vaccination regulations: pros and cons
J Kiev Univ Law
(2017) - et al.
Problematic issues of liability for damage caused by vaccination
Scient J “ΛΌГOΣ”. Art Sci Mind
(2018) Ten threats to global health in 2019
(2019)How vaccinations are done to children in 25 countries: vaccination waivers and penalties
(2017)Trump lays groundwork to ban mandatory vaccinations across U.S.
(2018)Italy: vaccinations for children made mandatory
(2017)
The Ministry of Health has suggested blocking sites with calls for refusal of vaccinations
YouTube has disabled advertising for anti-vaccines
The head of the Ministry of Health of Georgia called on everyone to vaccinate against measles
Cited by (1)
USING NUDGE MECHANISMS IN PROMOTING VACCINATION. REVIEW OF FOREIGN STUDIES
2023, Public Administration Issues