Does the ECHR support compulsory vaccination of children? Could this decision have serious consequences?

The European Court of Human Rights (ECHR) on Thursday recognized mandatory vaccination as compatible with democratic norms. The decision came in response to a case brought by a group of parents from the Czech Republic who disagreed with the country’s law on mandatory vaccinations for pre-school children.

Among those who have filed complaints with the European Court of Human Rights are Czechs who have been fined for refusing to vaccinate their children, as well as those whose children have been denied daycare due to lack of mandatory vaccinations.

This is the first ruling in the history of the European Court of Human Rights on compulsory vaccination of children, which is opposed by a small but extremely active minority in many countries around the world. Experts believe that the court’s decision may also have an impact on coronavirus vaccination policies in European countries, although the Czech families’ lawsuits are not related to the pandemic: they were filed in 2013-2015.

The families felt that mandatory vaccinations violated Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. The court ruled that the mandatory vaccination of children, although contradictory to this article, does not violate it and can be considered necessary in a democratic society, and that Czech state policy takes into account the interests of children. “The goal should be to protect every child from serious diseases through vaccination or collective immunity,” the decision states.

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“The decision of the European Court of Human Rights increases the likelihood of introducing compulsory vaccination in the current conditions of the Covid-19 epidemic,” said Nicolas Hervey, a lecturer at the Paris Institute of Political Studies (Sciences Po), in an interview with Agence France-Presse. According to him, the decision supports the principle of social solidarity, which can be used for compulsory vaccination of all citizens, including those who are less threatened by the disease, in order to protect the most vulnerable.

“Vaccination passports: what is known about them? In the Czech Republic, parents are legally required to vaccinate their children against nine diseases, including hepatitis B, diphtheria, tetanus, pertussis, and measles. (Russia has a similar law.) However, the authorities cannot force people to take the vaccine. One of the families who filed the lawsuit believes that their daughter’s expulsion from school in 2006 was illegal. The decision was made when the family doctor informed the school principal that the child had not been vaccinated against measles, mumps, and rubella (MMR). The parents initially appealed to the local court, which ruled that the exemption was legal because refusing to vaccinate a child could endanger the health of others.

“The Czech Republic is not the only EU country with mandatory childhood vaccinations. Last year, Germany passed a law imposing fines of up to 2,500 euros (about 228,000 rubles) on parents who refuse to vaccinate their children against measles. France and Italy have also introduced mandatory childhood vaccinations following recent measles outbreaks. Similar measures have been discussed in England, but vaccination remains voluntary.

The BBC was the first to visit the factory in North Wales where AstraZeneca’s vaccine is made.