CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS Cover Image

CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS
CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS

Author(s): Camelia Daciana Stoian, Claudia Boghicevici
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: written refusal; mandatory vaccination; medical negligence; post-vaccine adverse effects;

Summary/Abstract: The views expressed through the media institutions in order to draw an alarm signal on the draft Law on Vaccination, draw attention to contravention sanctions without enforcing the term "medical negligence" and without corroborating the definition here of the Law no. 272/2004 on the protection and promotion of the rights of the child (r) respectively with the consequences expressly provided in the methodology approved by the Government Decision no. 49/2011. In fact, medical neglect listed as part of the category of forms of violence that can be exerted on the child is alongside possible violation of child rights, criteria that can repercussions across the family, obviously under the condition of proving the potential causal link with the form of violence. This article seeks to raise awareness of the consequences of legal liability for parents when expressing the refusal to carry out compulsory vaccinations, how vaccinations can really affect their rights, and ultimately cause undesirable effects in the child's life, but also to discuss which is based on the existing case-law of the European Court of Human Rights, focusing on the recognition of the obligation of the medical act of vaccination as an interference with the right to respect for private life, and especiallyon the condition of proving necessary, appropriate and proportionate of the compulsory vaccination decision.

  • Issue Year: 7/2018
  • Issue No: 1
  • Page Range: 95-100
  • Page Count: 6
  • Language: English