Obowiązek szczepień ochronnych z perspektywy orzecznictwa sądów administracyjnych
Mandatory vaccinations from the perspective of the case law of administrative courts

Author(s): Wioletta Talarek
Subject(s): Administrative Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: preventive vaccinations; vaccinations of children; legal responsibility; enforcement of law; public health; enforcement proceedings; constitutional rights; sources of law
Summary/Abstract: The author presents selected rulings and legal solutions in Poland in the field of mandatory vaccinations, considered an important element of the public health safety. Health understood as a public good is protected by public authorities. Decisions taken by the Chief Sanitary Inspectorate, which obliged parents to subject children to mandatory vaccination, were challenged by administrative courts. As a result, the Chief Sanitary Inspectorate began enforcement proceedings without issuing a decision. This action proved illegal as the Inspectorate is not competent to carry out the execution of a non-monetary obligation, which belongs to a voivode, and the Inspection acts only as a creditor. Consequently, those authorities made appropriate administrative arrangements. The publication also addresses the issues of the right to respect private life in connection with the state’s interference in the physical sphere of citizens and penalization of the avoidance of mandatory vaccinations and infringements of sanitary and epidemiological regulations.

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