Abstract

KOZLOVA, Alena  and  BOLA, Kamaal. To vax or not to vax? Covid-19 vaccination mandates in light of Vavřička and others v. The Czech Republic. rev.ces derecho [online]. 2022, vol.13, n.2, pp.205-214.  Epub Oct 13, 2022. ISSN 2145-7719.  https://doi.org/10.21615/cesder.6694.

This case report discusses the judgement of the European Court of Human Rights in Vavřička and Others v. the Czech Republic, which remains the only case concerning compulsory vaccination to date. This is particularly important in the context of the COVID-19 pandemic, in which many European States restricted unvaccinated individual’s freedoms in a post-lockdown setting. After outlining the relevant facts and arguments brought by both the applicants and the Government, it comments on the Court’s assessment under Article 8 ECHR by evaluating inter alia the notion of interference and conflicting interests of parents versus children. First and foremost, however, it sheds light on how the case fits into the wider discussion on COVID-19, particularly what standards it puts in place and what implications it bears on future applications concerning COVID-19 vaccination rules. Namely, it illustrates how the threshold of necessity may be established in relation to Article 8 interferences.

Keywords : COVID-19; mandatory vaccination; Article 8 ECHR; necessity; bodily integrity..

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