WHEN HEALTH POLICY BECOMES CRIMINAL POLICY: COMPULSORY VACCINATION IN THE DECISION OF THE CONSTITUTIONAL COURT OF SERBIA Cover Image

KADA ZDRAVSTVENA POSTANE KRIMINALNA POLITIKA: OBAVEZNA VAKCINACIJA U ODLUCI USTAVNOG SUDA RS
WHEN HEALTH POLICY BECOMES CRIMINAL POLICY: COMPULSORY VACCINATION IN THE DECISION OF THE CONSTITUTIONAL COURT OF SERBIA

Author(s): Branislav R. Ristivojević
Subject(s): Constitutional Law, Criminal Law, Health and medicine and law
Published by: Правни факултет Универзитета у Београду
Keywords: criminal policy; health policy; misedemeanors; compulsory vaccination; constitutional court;

Summary/Abstract: Article analyses decision on compulsory vaccination and prohibition for unvaccinated children to attend schools and kindergartens delivered by First Grand Chamber of Constitutional Court of Republic of Serbia. Decision can be reproached on several different grounds. Annual reports made public health authorities in Serbia counts 4 reasons influencing unsatisfied number of vaccinated people in population. Year after year reports put at first place insufficient supply of vaccines. State is not able to obtain enough vacines for entier population. Report emphasised that age distribution of the most freqent desseas, smallpox, is steadfast. If a desseas spread evenly through all population compulasary vaccintion of children is meaningles. Age distribution of smallpox speks in favour of compulsary vaccination of all population. Reports indicate that vaccination status of almost all infected is unknown or negative. An proper conclusion from this data would be that vaccinted population is protected, and those who decided not to vaccinte themself bare resposibility. They cannot cause or induce illnes to those who are decided to protect with vaccines. That data disolves court argument that unvaccinted population endanger those who are. Probably the most important data derived from reports is that “risky population” tend to catch desseas more frequently than any other category of population. Reports count in this category roma population, imigrant, refuges etc. Among this population contagion erupt more often and spread easily. Reason for that is fact that this population are not fully integrated in society and that their sanitary, higienic and healt standards are lower than the rest of population.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 483-500
  • Page Count: 18
  • Language: Serbian