The ruling of the ECHR: Compulsory vaccination is legal

The ruling of the ECHR: Compulsory vaccination is legal

The European Court of Human Rights, which was addressed by the parents of children from the Czech Republic who were not admitted to kindergarten due to non-vaccination, assessed today that compulsory vaccination is "necessary in a democratic society".

"This ruling increases the possibility of compulsory vaccination in the current epidemic of Covid-19," Nicolas Hervieu, a legal expert specializing in the ECHR told AFP. However, he has also emphasized "the freedom of assessment that the court left to the governments regarding the vaccination policy issue".

The expert also points out that the court's decision states "a general consensus on the positive effects of vaccination, which is not questioned due to the inevitable side effects since a strict scientific control is in place."

The court, as he adds, supports the principle of social solidarity which can justify the imposition of compulsory vaccination, even to those who feel less endangered by the disease, when it comes to the protection of the most endangered groups of persons".

The ECHR estimates that the mandatory vaccination of children in the Czech Republic against nine diseases (diphtheria, tetanus, polio ...) does not violate the provisions of the European Convention on Human Rights when it comes to the "right to respect for private life".

"Vaccination policy pursues legitimate health goals, as well as the rights of others, because it protects both those who receive vaccines and those who cannot be vaccinated for medical reasons," the court stated, adding that people who cannot receive the vaccine depend on collective immunity to protect themselves from severe infectious diseases."

The Czech Republic "therefore has great freedom of assessment in that context", stated the court whose decisions cannot be appealed, pointing out that "the interests of children must take precedence in all decisions that affect them".