Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example  

作　　者：陈云良 莫婷婷 LI Dongli(Translated) CHEN Yunliang;MO Tingting;LI Dongli(Translated)(Center for Medical and Health Law,Central South University;School of Central South University,Lecturer of Guangxi University of Finance and Economics;不详)

机构地区：[1]Center for Medical and Health Law,Central South University [2]School of Central South University,Lecturer of Guangxi University of Finance and Economics [3]不详

出　　处：《The Journal of Human Rights》2022年第6期1158-1177,共20页人权（英文版）

摘　　要：The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

关 键 词：obligation to vaccination compulsory European Court of Human Rights 

分 类 号：D998.2[政治法律—国际法学]