COVID-19 Compulsory Vaccination and the European Court of Human Rights.
Acta Biomed
; 92(S6): e2021472, 2021 10 19.
Article
in English
| MEDLINE | ID: covidwho-1504958
ABSTRACT
Between August and September 2021, the European Court of Human Rights rejected three requests for interim measures against France and Greece's compulsory vaccination statutes against COVID-19. Due to the procedural nature of the interim measures, however, the status of vaccine mandates against SARS-CoV-2 under the European Convention of Human Rights has not been addressed. The paper argues that COVID-19 compulsory vaccination is consistent with both the text and the original understanding of Article 8 of the Convention. Moreover, considering pertinent case law on medical mandatory treatments, COVID-19 vaccine mandates should also square with the European Court of Human Right's "living instrument" doctrine. For this reason, it is expected that the European Court of Human rights will uphold COVID-19 vaccination programs. At the same time, it would be beneficial if more Council of Europe member states triggered Article 15 derogation mechanism in order to make an even stronger case for fast-track developed vaccines and contrast vaccine hesitancy.
Full text:
Available
Collection:
International databases
Database:
MEDLINE
Main subject:
COVID-19 Vaccines
/
COVID-19
Type of study:
Observational study
Topics:
Vaccines
Limits:
Humans
Language:
English
Journal:
Acta Biomed
Journal subject:
Medicine
Year:
2021
Document Type:
Article
Affiliation country:
Abm.v92iS6.12333
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