Publication details
Soulad povinného očkování hexavakcínou s ústavním pořádkem ČR
| Title in English | Compliance of the compulsory vaccination of the hexa vaccine with the constitutional order of the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Vaccination; proportionality test; coercion; the right to physical integrity; involuntary treatment; informed consent |
| Attached files | |
| Description | In this paper I deal with the compliance of compulsory vaccination called “the hexa vaccine” with the constitutional order of the Czech Republic. I have applied the proportionality test and I can conclude, that the compulsory vaccination does not meet the requirements of the second step of the proportionality test. I am furthermore of a view, that laws regulating the compulsory vaccination does not meet the constitutional requirement, that the primary obligation must be set in a law. The paper also deals with the positive obligations of the state to protect the health of individuals. As a bonus I focus on more than a hundred years old US Supreme Court decision in the case Jacobsen v. Massachusetts, which outcome are still applicable. |