Vaccines made compulsory: by law, de facto or by the judge? Comparative considerations on paediatric vaccinations

ABSTRACT

The essay examines the vaccination policies (pre and during the pandemic) concerning the specific cohort of children. The starting point is of course the legitimacy of both the relevant policies (mandatory and voluntary). The analysis is conducted by implementing the comparative method and considering a wide range of countries. The comparative survey of vaccination policies shows that the distance between mandatory and recommended vaccination policies is becoming thinner. Indeed, compulsory vaccination policies are becoming weak (because of the personal exemptions or mild pecuniary sanctions), while, on the contrary, recommended vaccination policies are turning into “imperative” due to judiciary decisions or governmental actions that implemented a health pass, requiring everyone aged 12 and older to present proof of vaccination or a negative test for SARS-CoV-2 to access a wide array of public spaces and services. © 2022, Societa Editoriale Federalismi s.r.l.. All rights reserved.