The European Court of Human Rights (ECHR), seized by parents of children refused by nursery schools for lack of being vaccinated in the Czech Republic, said Thursday that compulsory vaccination was “necessary in a democratic society” .
“The vaccination policy pursues the legitimate objectives of protecting health as well as 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, ”she emphasizes.
The latter, notes the court, are “dependent on collective immunity to protect themselves against the serious contagious diseases in question”.
“Best interests of the children”
The Czech Republic “therefore enjoys a wide margin of appreciation in this context”, continues the Grand Chamber of the court, whose decisions cannot be appealed, considering that “the best interests of children must take precedence in all decisions that affect them “.
Thus, in the present case, if “the non-admission of the applicant children to nursery school (a) implied for them the loss of a crucial opportunity to develop their personality”, it “was a question of a preventive rather than punitive measure whose effects were limited in time “, judges the ECHR.
>> Listen to the series, in June 2019, of the program Vacarme on the vaccination of children:
“Possibility of compulsory vaccination for the Covid”
“This stop reinforces the possibility of an obligation to vaccinate under conditions in the current Covid-19 epidemic, “commented Nicolas Hervieu, a lawyer specializing in the ECHR, interviewed by AFP. The lawyer, who teaches at Sciences-Po Paris, underlines “the margin of appreciation left by the court to the States in their vaccination policy”.
Nicolas Hervieu also notes that the decision of the ECHR makes “the observation of a general consensus on the beneficial effects of vaccination which are not called into question by the inevitable side effects, since there is a strict scientific control. “.
And the Grand Chamber, he continues, endorses “the principle of social solidarity which can justify imposing vaccination on everyone, even those who feel less threatened by the disease, when it comes to protecting the most vulnerable “.
>> Listen to the episode again from Point J on vaccination against Covid-19 for children:
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