Private-law aspects of compulsory vaccination The subject of this thesis is the legal regulation of compulsory vaccination from the perspective of private law. Although it can seem that it is only public-law theme, the opposite is true. The compulsory vaccination which the persons undergo according to the law means some kind of intervention into human rights and fundamental freedoms. On the other hand this limitation has benefits for whole society, because it provides elimination of highly-contagious infectious diseases that can often cause death. Despite the fact that the primary objective of the vaccination is to protect the health of the individual and whole society, there may be situations when a person is harmed due to the vaccination. The question is who is responsible for this caused harm. And this responsibility for harm which is being connected with vaccination means private-law overrun of this institute. In the beginning of my thesis I focus on the creation of the vaccination process itself and I introduce the basic institutes, which are public health, collective imunity, permanent contraindication or possible unwanted effects. Then I focus on obligation to be vaccination, non compliance of it and possible sanctions, which can be imposed on person, who defaults the obligation. The main...

v anglickém jazyce (Abstract) The aim of this diploma thesis is to analyze and compare the system of compulsory vaccination in the Czech Republic and in the French Republic. The first part of this diploma thesis is dedicated to international law context of compulsory vaccination. Relevant international organizations in which is the Czech Republic and also French Republic taking part is described. Then the focus of interest is also on all relevant binding sources of international law, or more precisely on promulgated international treaties, ratified and by which the Czech Republic and the French Republic is bound with the rule that if a treaty provides something other than national law, the treaty shall apply. The second part of this diploma thesis is dedicated to the connection between compulsory vaccination and constitutional law of the Czech Republic and French Republic, or rather how could be compulsory vaccination justified by the constitutional law of both countries. The case law coming from supervising constitutional institutions related to compulsory vaccination is also examined. In the third part, the legal regulation of key aspects of compulsory vaccination is examined. The focus of interest is on the amount of regulation made by statute and by secondary legislation. The aim of this part...

Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...

1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...

Compensation for damages caused by vaccination during pandemic This thesis aims to provide a comprehensive description of the legal regulation of compensation for damages caused by vaccination, both compulsory and voluntary. Emphasis is placed on the development of the legal regulation over time, where the subject of the thesis is not only the current regulation but also the regulation contained in Act No. 40/1964 Coll. Given the different legal frameworks set out in the old and the new Civil Code, the thesis compares the different periods, including their evaluation. This comparison and assessment conclude that, although the legislation regulated the issue of compensation for damage caused by vaccination completely differently, both regulations were significantly deficient and thus less than ideal. The second half of the thesis focuses on current aspects of the field, in particular two lex specialis enacted in 2020 relating to vaccine damage compensation. The core of this part of the thesis is a comprehensive interpretation of the act on compensation for injury caused by compulsory vaccination, including the most recent case law on the issue. This interpretation is followed by an assessment of the legal framework concerning the vaccination against Covid- 19 disease and the related liability...

Embora programas de imunização tenham sido considerados eficientes e bem-sucedidos desde a década de 1970, o controle epidemiológico de doenças preveníeis por vacinas fez com que os benefícios da imunização se tornassem menos óbvios. Uma vez que referidas doenças parecem ter menos relevância e gravidade, os indivíduos não veem a prevenção contínua com o mesmo senso de urgência, comportamento este que gera um novo desafio aos executores de programas e políticas desta natureza. A cobertura reduzida de vacinas em uma população está inevitavelmente associada ao ressurgimento de doenças preveníeis em diversos países, com surtos potencialmente levando ao aumento de taxas de morbidade e mortalidade. Ao contrário da maioria das intervenções médicas, cujo benefício é restrito ao indivíduo, as vacinas têm como característica a extensão de benefícios também para toda uma comunidade. Nesse mesmo sentido, as evidências científicas demonstram que a eliminação e/ou erradicação de doenças está intimamente ligada com o conceito de imunidade coletiva. Por esta razão, a vacinação compulsória pode ser entendida como uma forma ética de justa de garantir a saúde - direito garantido constitucionalmente no Brasil - desde que coordenada de maneira estruturada, proporcionando o consentimento informado e esclarecido, assim como o engajamento e encorajamento da população, objetivando equilibrar os riscos e benefícios decorrentes desta inerente limitação à esfera de liberdades individuais. Ainda, com a intenção melhorar a execução dos programas de imunização atuais, este estudo sugere que o compartilhamento dos riscos sobre efeitos adversos decorrentes da política deve ser acompanhado de ferramentas de monitoramento e mecanismos de compensação aos indivíduos - na ocasião de danos decorrentes da obrigação coletiva de imunização. / As much as immunization programs have been considered effective and successful since the 1970s, epidemiological control of vaccine-preventable diseases has made the benefits of immunization less obvious. Once such diseases seem to have less relevance and severity, individuals do not see continuous prevention with the same sense of urgency, a behavior that creates a new challenge for the executors of programs and policies of this nature. Reduced vaccine coverage in a population is inevitably associated with the resurgence of preventable diseases in several countries, with outbreaks potentially leading to increased morbidity and mortality rates. Unlike most medical interventions, whose benefit is restricted to the individual, vaccines have the characteristic of extending its benefits to an entire community. Moreover, scientific evidence establishes that the elimination and /or eradication of diseases is linked with the concept of collective immunity. Hence, compulsory vaccination can be understood as ethical and fair towards health - a constitutional right in Brazil - provided that it is coordinated in a structured manner, providing informed consent, as well as the commitment and encouragement of the population, aiming to balance the risks and benefits arising from this inherent limitation to the sphere of individual freedoms. Furthermore, aiming the improvement of current immunization programs, this study suggests that sharing risks on adverse effects arising from the policy should be followed by monitoring tools and compensation mechanisms in case of damages arising from mandatory immunization.

The aim of this survey is also to determine vaccination coverage in compulsory vaccination of kids in the first years of life, compliance of vaccine dose timing with vaccination schedule and reasons why some children were not vaccinated. Another goal is to analyse the reasons for some kids in the first years of life being vaccinated late and whether some kids in groups most at risk are vaccinated against tuberculosis. We used a quantitative research method in the form of a cross-sectional study comprised of data collection and analysis. Our research sample consisted of children born in the years 2009, 2010 and 2011 in České Budějovice district. The reason why we have chosen this particular group of children is that (if applicable vaccination schedule had been adhered to) they were supposed to be fully vaccinated against diphtheria, tetanus, whooping cough, haemophilus influenzae b, Hepatitis B virus, poliomyelitis (DTPHibHB). This group of 831 children (427 boys and 404 girls) have been chosen by random sampling from practising paediatricians. These selected physicians provided us with data about all children born in above mentioned years. The results showed that overall vaccination coverage for Infanrix Hexa vaccine (four doses) is 98.2% and 97.26% for Priorix vaccine (two doses). Vaccination coverage for tuberculosis in the years 2009 and 2010 was 90.05%. In the first years of life, up to 88.1% of newborns were vaccinated against tuberculosis ? at least, according to vaccination schedule (and applicable Order). In the first year of life, 99.9% of children have been given three doses of Infanrix Hexa vaccine against diphtheria, tetanus, whooping cough, poliomyelitis, Haemophilus influenzae b invasive disease and Hepatitis B virus. In the first eighteen months of life, 97.4% of children in analysed sample were given fourth dose of said vaccine. 68.6% of children were given the first dose of Priorix-Tetra vaccine in the first fifteen months of life. In the following six to ten months, 75.4% of children were given the second dose. Further analysis revealed that in 40.5% of analysed records some vaccine dose timings were not met. The most common reason for vaccination delay was the state of health of the child. Two instances of vaccination delay were also caused by the omissions of parents. In 2010, indication for vaccination against tuberculosis was recorded for one newborn. In 2011, for four children from the analysed sample vaccination against tuberculosis was recommended. In all cases, vaccination against tuberculosis has been carried out in calmetisation centre. Taking into account my study and its results I can safely assume that the goals of my diploma thesis have been met and the hypotheses set forth have been confirmed by the research.

Compulsory vaccination is one of the fundamental pillars of public health protection that has helped eradicate many previously lethal and widespread diseases from our geographical area. Although the vaccination rates remain high in the Czech Republic, the number of parents who refuse to vaccinate their children is growing. Reasons for this restraint are various. This thesis looks at the issue from the perspective of social constructivism. By implementing in-depth interviews, it tries to contribute to understanding how parents perceive the influence of the media on their decisions on the issue of compulsory vaccination. Other theoretical starting points are the media construction of reality, the theory of representation or biopower, and biopolitics in Michel Foucault's conception. A significant part of the theory also describes the current period, which is characterized by terms such as post-truth or post-factual era, and addresses which role plays new media such as social networks and the internet in the growing mistrust in expert knowledge and institutions. The analytical part is devoted to the analysis of collected data in the grounded theory approach. The identified categories then describe how parents evaluate the role of the media in the debate on compulsory vaccination, how they evaluate...

During the COVID-19 pandemic, European states have taken numerous measures to prevent the spread of the coronavirus. Several states have introduced various forms of compulsory vaccination against COVID-19. While vaccines are one of the most effective tools for protecting people against COVID-19, it raises the question to which extent states may justifiably make vaccination schemes compulsory in the pursuit of public health. This paper, therefore, analyses the compatibility between compulsory vaccination and the right to respect for private life as set out in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR). As of today, the European Court of Human Rights (the ECtHR) has not decided whether vaccine mandates are compatible with the right to respect for private life.  An interference in the right to respect for private life must be in accordance with the law and fulfil one of the legitimate aims that are set out in Article 8.2 of the ECHR. An interference also needs to be necessary in a democratic society in order to achieve that legitimate aim. The protection of health as well as the protection of the rights and freedoms of others are two of the legitimate aims stipulated in Article 8 of the ECHR that are relevant in relation to the introduction of compulsory vaccination in society. In assessing whether an interference is necessary in a democratic society, the states enjoy a certain margin of appreciation. However, their assessment remains subject to review by the ECtHR. The principle of proportionality is an important part in assessing whether the interference has been necessary in a democratic society or not. The interference in question must remain proportionate to the legitimate aim pursued. In this paper, the compatibility between compulsory COVID-19 vaccination and the right to respect for private life is examined primarily by analysing prior case law of the ECtHR concerning vaccination and other medical interventions. This paper concludes that the states enjoy a wide margin of appreciation when assessing the necessity of introducing compulsory COVID-19 vaccinations, mainly because of the lack of European consensus regarding such vaccination schemes. Furthermore, it is concluded that compulsory COVID-19 vaccinations can be compatible with the right to respect for private life as set out in Article 8 of the ECHR, provided that the vaccines are considered safe and efficient by the research community, the vaccines used are monitored and the vaccine mandate is only indirectly imposed by sanctions of a protective nature. In addition, necessary precautions must be taken by prior assessment of potential contraindications and there must exist a possibility to receive compensation as a result of potential injuries caused by the vaccine.