It is a stop that falls in the middle of the vaccine campaign against Covid-19 in Europe. The European Court of Human Rights (ECHR) considers that compulsory vaccination is “Necessary in a democratic society”. It had been seized by parents of children refused by kindergartens because they had not been vaccinated in the Czech Republic. Vaccination against nine diseases, including diphtheria, tetanus and polio, is compulsory in this country.
In a judgment of its supreme authority, the Grand Chamber, delivered on Thursday 8 April, the ECHR considers that the vaccination obligation does not constitute a violation of the provisions of the European Convention on Human Rights on “Right to respect for private life”.
“The vaccination policy pursues the legitimate objectives of protecting the health and the rights of others, in that it protects both those who receive the vaccines in question and those who cannot be vaccinated for certain reasons. medical “, recalls the judgment. The latter, notes the court, are “Dependent on collective immunity to protect against the serious contagious diseases in question”.
A stop that confirms the possibility of an obligation to vaccinate against Covid-19
The Czech Republic “Therefore enjoys a wide margin of appreciation in this context”, continues the Grand Chamber of the court, and considers that “The best interests of children must come first in all decisions that affect them”. Yes “The non-admission of applicant children to nursery school [a] involved for them the loss of a crucial opportunity to develop their personality ”, he “It was a preventive rather than a punitive measure, the effects of which were limited in time”, judge the ECHR. Court decisions cannot be appealed.
“This stop reinforces the possibility of compulsory vaccination under conditions in the current Covid-19 epidemic”, commented Nicolas Hervieu, lawyer specializing in the ECHR, interviewed by Agence France-Presse.