O OBAVEZNOSTI VAKCINACIJE U KONTEKSTU BOLESTI COVIDA – 19: IZMEĐU KOLEKTIVNE DUŽNOSTI I INDIVIDUALNE SLOBODE
On the obligation to vaccinate in the context of Covid's disease - 19: Between collective duty and individual freedom

Summary/Abstract: As always, the law is an aid to decision-making, not the decision itself. But the law illuminates not only the useful but also the necessary. The law should not be instrumentalized in favor of or against compulsory vaccination: it is neutral on this issue. It gives the public authorities great freedom and responsibility for carrying out vaccinations. But the success of vaccination, mandatory or recommended, depends on establishing trust in public health institutions, and not on coercive measures that will only further undermine trust in the long run. The main legal problem of compulsory vaccination is the imposition of restrictions on everyone, in the interest of public health, which are imposed not only on them but also on their minor children. Recommended, on the other hand, does not represent any legal restrictions, but only psychological or social ones. Mandatory vaccination leads to the restriction of individual rights and freedoms, to the free disposal of one's own body and the exercise of parental rights, when it is carried out over children. Therefore, it must and can be imposed by a decision of the legislative body that is the only one competent to make such a decision (law), and not by a decision (order) of the executive body. In addition, it must meet a legitimate public health objective and these restrictions on the right to consent to a medical measure must be proportionate to the objective pursued. The existence of new epidemic threats, especially AIDS and the latest Covida-19, no longer makes the vaccine appear as a remnant of the distant past, but as a source of hope for disease prevention, especially since they are now genetically engineered vaccines, as evidenced by their modernity, but also reliability.

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