Commentary on the Judgment of the ECtHR Grand Chamber in the Case “Vavricka and Others v. the Czech Republic”
Decision to comment on the Grand Chamber judgment of the European Court of Human Rights in the case of “Vavricka and Others v. the Czech Republic” is connected not only with the interest in the issues raised therein, but also with the urgency of the topic itself due to the current challenges posed by COVID-19, which provides a special general context of the whole problem. The commented judgment stands out by the fact that it considers a legal duty to vaccinate children against diseases that are well known to medical science. Parents who refused to comply with compulsory vaccination of their children referred to various circumstances, including religious and philosophical beliefs. Public health system implies interventions designed to strengthen and protect the health of the population. It is public health system that determines what we should do together as a society to provide conditions for the good health of people. It seeks to improve health through collective action, including compulsory vaccination of such a sensitive group as children. Success in achieving the vaccination goals depends on the normative legitimacy associated with cultural solidarity and mutual assistance. The State's efforts are more likely to succeed in an atmosphere of social solidarity and trust. Vaccination of children is both a means of protecting the health of others and promoting the common weal. Requirement to comply with the vaccination duty for admission to educational institutions is the most effective method for achieving herd immunity. The Court concluded that the respondent State enjoyed a wide margin of appreciation in this area and that the measures applied were “necessary in a democratic society”.