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The Legal Aspects of Mandatory Vaccination and its European Context
Mrklasová, Marta ; Vavrečka, Jan (advisor) ; Grmelová, Nicole (referee)
The diploma thesis regarding The Legal Aspects of Mandatory Vaccination and its European Context was created in order to map the legal regulations of mandatory vaccination in the Czech Republic and to describe the repressions of unvaccinated children in the Czech Republic and in other member states of the European Union. Part of the thesis consists of a jurisprudence research of The Constitutional Court of the Czech Republic, The European Court of Human Rights and The Court of Justice of the European Union related to the field of mandatory vaccination. Special focus is given to the comparison of the number of mandatory vaccinations in the member states of European Union as well as to the comparison of their legislations. The fundamental question reflected in the diploma thesis is the one of the human rights of individuals guaranteed by the European Union, international conventions and national legislations of the states and the possibility for them to be limited in order to protect the public health. In the thesis, there are listed and described the human rights affected by the whole concept of vaccination and also the conditions that have to be fulfilled in order to allow the human rights to be restricted. For this purpose the cases from legal practise serve as a support. In addition, there is a chapter regarding the promotion of newly developed vaccines for voluntary vaccinations, which reveals the marketing tools used for this purpose. For a better understanding of the field of mandatory vaccination, there is included a chapter titled The Insight of Expertise Necessary for the Interpretation and Application of Law. This chapter completes the aspects of mandatory vaccination from the medical point of view, lists the mandatory vaccinations in the Czech Republic and member states of the European Union and the vaccines used for performing the vaccinations. Keywords: human rights, mandatory vaccination, jurisprudence of The European Court of Human Rights and The Court of Justice of the European Union, repressions of unvaccinated children
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