Efektywność sankcji za uchylanie się od obowiązkowych szczepień ochronnych
Effectiveness of sanctions for evasion of mandatory vaccinations
Author(s): Sebastian CzechowiczSubject(s): Criminal Law, Health and medicine and law, Penal Policy, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: mandatory preventive vaccination; sanctions; offence; administrative enforcement;
Summary/Abstract: Mandatory preventive vaccination is a complex legal problem. Above all, there are many difficulties in the separation between administrative law, where the legal basis of the obligation is found, and criminal law, where the sanction for not giving up on the obligation is sanctioned. However, the public administration may try to bring it to fruition by imposing fines in order to coerce the inoculation. Despite the use of these legal instruments, there is reasonable doubt as to their effectiveness. This has given rise to in-depth research in this area, in particular on how these sanctions are imposed and what results they actually bring. To illustrate the problem, this article uses statistical data obtained on the implementation of mandatory preventive vaccination. The present considerations focus on an analysis of the individual sanctions provided for by law that are used to bring about the implementation of the obligation. The statistical data will be used to draw conclusions as to whether these sanctions are proportionate and, above all, whether they are effective in achieving the intended purpose, i.e. the implementation of the obligation to vaccinate.
Journal: Studia Prawnoustrojowe
- Issue Year: 2020
- Issue No: 49
- Page Range: 15-26
- Page Count: 12
- Language: Polish