Harald Christian Scheu, Barbora Havlíková
Author’s affiliation: Faculty of Law, Charles University in Prague

Mandatory COVID-19 vaccination between public health and individual protection of human rights

Jurisprudence 3/2022 Section: Articles Page: 13-21

Keywords: mandatory vaccination, right to privacy, human dignity, Charter of Fundamental Rights and Freedoms, European Convention on Human Rights, principle of proportionality

Abstract: Mandatory vaccination raises a number of questions related to constitutional and international human rights law. The legal doctrine and the relevant case law of the Constitutional Court of the Czech Republic and of the European Court of Human Rights provide important guidance in this area. The right balance between the legitimate goal pursued and the means chosen by state authorities depends to a large extent on the current state of scientific knowledge. Therefore, the competent courts usually grant legislative and executive powers a rather broad margin of appreciation. However, mandatory vaccination measures should be one of the last means of protecting public health.