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11 April 2021The court recognizes that several countries have revised their policies in the face of an apparent decline in voluntary vaccination, which ultimately endangers so-called "herd immunity."
The European Court of Human Rights (ECtHR) has confirmed that countries have the right to make the vaccination of children against certain diseases mandatory, understanding that it may be a "necessary" measure to protect not only their own health but that of the whole. of the society.
The court, linked to the Council of Europe, thus responds to a battery of appeals from the Czech Republic, where several plaintiffs had asked the ECHR to rule after having been fined or after their children had not been able to access early childhood education centers. .
The European Court of Human Rights (ECtHR) has confirmed that countries have the right to make the vaccination of children against certain diseases mandatory, understanding that it may be a "necessary" measure to protect not only their own health but that of the whole. of the society.
The court, linked to the Council of Europe, thus responds to a battery of appeals from the Czech Republic, where several plaintiffs had asked the ECHR to rule after having been fined or after their children had not been able to access early childhood education centers. .
By 16 votes to one, the judges have concluded that measures such as those of the Czech Republic, which includes nine diseases in the mandatory vaccination record, are "necessary in a democratic society", despite the interference that it may entail in the right to private life of citizens.
The ruling states that the measures adopted by the Czech authorities are proportional, noting for example that the fine issued in one of the cases was not "excessive" and that the ban on access to daycare centers "was more of a preventive measure than a punitive one", with with a view to protecting other students.
Likewise, remember that although it may initially limit the child's development, the prohibition is lifted in any case upon reaching the age of compulsory education, where the Czech Republic no longer contemplates any distinction between children who are vaccinated and those who are not.
The judges consider, therefore, that the best interests of the minor are respected and that the measure has the support of the medical authorities. The ECtHR recognizes that several countries have reviewed their policies in the face of an apparent decline in voluntary vaccination, which ultimately endangers so-called "herd immunity."




