PITANJE OBAVEZNE VAKCINACIJE MALOLJETNIKA PRED EVROPSKIM SUDOM ZA LJUDSKA PRAVA – POSEBAN OSVRT NA PRESUDU VAVŘIČKA I DRUGI PROTIV ČEŠKE
THE QUESTION OF MANDATORY CHILD VACCINATIONS BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS – A SPECIAL REVIEW OF THE JUDGMENT ON VAVŘIČKA AND OTHERS V. THE CZECH REPUBLIC

Summary/Abstract: The paper deals with the analysis of recent ECtHR judgment on Vavřička and Others v the Czech Republic where the Grand Chamber strongly ruled in favor of the Czech government, thus legitimizing the practice of compulsory child vaccinations from the perspective of European Convention on Human Rights. The author critically reflects on the proportionality of states’ interference with the enjoyment of relevant human rights and freedoms, while pointing out to procedural shortcomings in the case at hand. Some additional procedural and substantive gaps have been identified mostly in terms of the Court’s role in judicial proceedings, the principle of best interest of the child as well as other related human rights and freedoms guaranteed by the Convention and its Protocols. A brief overview has been given in reference to the ongoing COVID-19 pandemic due to existence of major public interest and speculations despite the absence of “an elephant in the room”.

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