Drepturile omului sau drepturile oamenilor? Reflecții asupra vaccinării obligatorii, din perspectiva CEDO
Human’s Rights or Humans’ Rights? Reflections on the Mandatory Vaccination from the ECHR Perspective

Summary/Abstract: In the current context, the potential implementation of mandatory vaccination rules is a genuine challenge, as well as a threat from the perspective of their compliance with human rights, given the intrusive nature of the measure. At the same time, the subject is an inexhaustible source of controversy, giving rise to extensive discussions and pungent debates in the public space. "Mandatory" vaccination embodies a double meaning. Thus, the extensive and exhaustive interpretation of the notion also includes optional but conditional vaccination (with the potential of restricting certain rights in case of refusal, respectively by conditioning the exercise of these rights to perform the vaccine - for example, the freedom of movement, limitation of its exercise by individuals who do not present a vaccination certificate; the right to education, the right to work, by the assumption of the imposition of vaccination by decision makers, for the student/ employee in order to continue studying/working in that institution, and so on.). The main concern is that compulsory immunization could affect the substance of the right to privacy, as guaranteed by art. 8 of the European Convention on Human Rights, and also the freedom of thought, conscience and religion, stated by art. 9. However, the authorities usually place the implemented measures under the immutable dome of collective immunization and protection of public health, the legislative power enacting the norms in this spirit. Given the context, the following questions arise: is vaccination an individual choice or a matter of public health? can regulations that make vaccination mandatory be implemented in full compliance with the rules set out in the European Convention on Human Rights?

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