Vavřička and Others v. The Czech Republic
The American Journal of International Law
; 116(3):579-585, 2022.
Article
in English
| ProQuest Central | ID: covidwho-1960135
ABSTRACT
For the Court, this conclusion was bolstered by the observations that vaccination was not administered against the will of the applicants;that there is no consensus between member states over a single model to achieve the highest level of vaccination;that the introduction of a legal duty to vaccinate children raises sensitive moral or ethical issues;and that the case concerns matters of healthcare policy (paras. 276–79). [...]the Court considered that the measure satisfied the proportionality test. Furthermore, the Court underlined the temporal nature of the exclusion, as all children—also when not vaccinated—can still be enrolled in primary school (para. 307). [...]the Court concluded that the Czech Republic had not overstepped its margin of appreciation and consequently that there was no violation of the right to private life (paras. 310–11). [...]the Court held, also by sixteen votes to one, that it was unnecessary to examine separately the complaints of the five child applicants under Article 2, Protocol No. 1 in light of the previous findings under Article 8 (para. 345).
Political Science; European Court of Human Rights; compulsory vaccination; margin of appreciation; best interests of the child; European consensus; social solidarity; Appreciation; Complaints; Tetanus; COVID-19 vaccines; Immunization; Health care policy; Applicants; Decision making; Ethical dilemmas; Sanctions; Measles; Public health; Court hearings & proceedings; Legal responsibility; Children & youth; Coronaviruses; Herd immunity; Human rights; Elementary schools; Courts; Children; Czech Republic
Full text:
Available
Collection:
Databases of international organizations
Database:
ProQuest Central
Language:
English
Journal:
The American Journal of International Law
Year:
2022
Document Type:
Article
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