{"title":"强制接种Covid-19疫苗与尊重私人生活的权利","authors":"Katarzyna Miaskowska-Daszkiewicz","doi":"10.18690/mls.14.2.419-442.2021","DOIUrl":null,"url":null,"abstract":"The development and marketing authorisation of COVID-19 vaccines has given the authorities a much-anticipated instrument to fight a pandemic. At the same time, however, for the extinction of the epidemic to become real, according to epidemiologists' estimates, the threshold of herd immunity must reach the value of 50-70 percent. To ensure mass vaccination, it should be considered whether a compulsory vaccination against COVID-19 would be an acceptable solution. It is a sensitive issue in the context of the right to self-determination, guaranteed both in Article 8 European Convention on Human Rights, as well as most modern constitutions. The aim of this paper is to investigate whether the compulsory vaccination against COVID-19 could be the next step in the fight against the pandemic. In particular, whether the current approach of the ECHR and national courts to compulsory vaccination can be considered adequate in relation to COVID-19 vaccines with a conditional marketing authorisation.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Compulsory Vaccinations against Covid-19 versus the Right to Respect for Private Life\",\"authors\":\"Katarzyna Miaskowska-Daszkiewicz\",\"doi\":\"10.18690/mls.14.2.419-442.2021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The development and marketing authorisation of COVID-19 vaccines has given the authorities a much-anticipated instrument to fight a pandemic. At the same time, however, for the extinction of the epidemic to become real, according to epidemiologists' estimates, the threshold of herd immunity must reach the value of 50-70 percent. To ensure mass vaccination, it should be considered whether a compulsory vaccination against COVID-19 would be an acceptable solution. It is a sensitive issue in the context of the right to self-determination, guaranteed both in Article 8 European Convention on Human Rights, as well as most modern constitutions. The aim of this paper is to investigate whether the compulsory vaccination against COVID-19 could be the next step in the fight against the pandemic. In particular, whether the current approach of the ECHR and national courts to compulsory vaccination can be considered adequate in relation to COVID-19 vaccines with a conditional marketing authorisation.\",\"PeriodicalId\":40345,\"journal\":{\"name\":\"Medicine Law & Society\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2021-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medicine Law & Society\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18690/mls.14.2.419-442.2021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medicine Law & Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18690/mls.14.2.419-442.2021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Compulsory Vaccinations against Covid-19 versus the Right to Respect for Private Life
The development and marketing authorisation of COVID-19 vaccines has given the authorities a much-anticipated instrument to fight a pandemic. At the same time, however, for the extinction of the epidemic to become real, according to epidemiologists' estimates, the threshold of herd immunity must reach the value of 50-70 percent. To ensure mass vaccination, it should be considered whether a compulsory vaccination against COVID-19 would be an acceptable solution. It is a sensitive issue in the context of the right to self-determination, guaranteed both in Article 8 European Convention on Human Rights, as well as most modern constitutions. The aim of this paper is to investigate whether the compulsory vaccination against COVID-19 could be the next step in the fight against the pandemic. In particular, whether the current approach of the ECHR and national courts to compulsory vaccination can be considered adequate in relation to COVID-19 vaccines with a conditional marketing authorisation.