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Vaccination of employees
Herčíková, Tereza ; Štefko, Martin (advisor) ; Matějka Řehořová, Lucie (referee)
Vaccination of employees Abstract In her thesis the author looks at the topic of vaccination of employees. This issue is very actual, especially in the context of the recent pandemic of the covid-19 disease. Nevertheless, vaccination from the labour law point of view is a neglected topic in which many issues remain unresolved or interpreted contradictorily by the doctrine. The thesis besides an introduction and a conclusion consists of four chapters, in which a number of warnings about deficiencies in the legislation and suggestions de lege ferenda are presented. The first chapter of the thesis focuses on the legal regulation of vaccination against infectious diseases in the Czech Republic and its sources at the international and European level. The focus is mainly on the analysis of compulsory types of vaccination; however, the regulation of voluntary vaccination is not omitted. Furthermore, the conclusions of recent case law of the Constitutional Court and the European Court of Human Rights related to the compulsory vaccination are analysed and critically evaluated. The second chapter deals with the labour law aspects of vaccination. The author focuses on partial institutes of labour law and their application in connection with vaccination of employees. The chapter includes an analysis of the obligations...
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Compensation for damages caused by vaccination during pandemic
Krudenc, Václav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for damages caused by vaccination during pandemic This thesis aims to provide a comprehensive description of the legal regulation of compensation for damages caused by vaccination, both compulsory and voluntary. Emphasis is placed on the development of the legal regulation over time, where the subject of the thesis is not only the current regulation but also the regulation contained in Act No. 40/1964 Coll. Given the different legal frameworks set out in the old and the new Civil Code, the thesis compares the different periods, including their evaluation. This comparison and assessment conclude that, although the legislation regulated the issue of compensation for damage caused by vaccination completely differently, both regulations were significantly deficient and thus less than ideal. The second half of the thesis focuses on current aspects of the field, in particular two lex specialis enacted in 2020 relating to vaccine damage compensation. The core of this part of the thesis is a comprehensive interpretation of the act on compensation for injury caused by compulsory vaccination, including the most recent case law on the issue. This interpretation is followed by an assessment of the legal framework concerning the vaccination against Covid- 19 disease and the related liability...
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Constitutional aspects of compulsory vaccination
Plačková, Anna ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...
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Private-law aspects of compulsory vaccination
Řezáčová, Denisa ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Private-law aspects of compulsory vaccination The subject of this thesis is the legal regulation of compulsory vaccination from the perspective of private law. Although it can seem that it is only public-law theme, the opposite is true. The compulsory vaccination which the persons undergo according to the law means some kind of intervention into human rights and fundamental freedoms. On the other hand this limitation has benefits for whole society, because it provides elimination of highly-contagious infectious diseases that can often cause death. Despite the fact that the primary objective of the vaccination is to protect the health of the individual and whole society, there may be situations when a person is harmed due to the vaccination. The question is who is responsible for this caused harm. And this responsibility for harm which is being connected with vaccination means private-law overrun of this institute. In the beginning of my thesis I focus on the creation of the vaccination process itself and I introduce the basic institutes, which are public health, collective imunity, permanent contraindication or possible unwanted effects. Then I focus on obligation to be vaccination, non compliance of it and possible sanctions, which can be imposed on person, who defaults the obligation. The main...
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Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Elischer, David (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...
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Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...
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The comparison of legal regulations of the compulsory vaccination in the Czech Republic and the French Republic
Ševčík, David ; Svoboda, Petr (advisor) ; Kryska, David (referee)
v anglickém jazyce (Abstract) The aim of this diploma thesis is to analyze and compare the system of compulsory vaccination in the Czech Republic and in the French Republic. The first part of this diploma thesis is dedicated to international law context of compulsory vaccination. Relevant international organizations in which is the Czech Republic and also French Republic taking part is described. Then the focus of interest is also on all relevant binding sources of international law, or more precisely on promulgated international treaties, ratified and by which the Czech Republic and the French Republic is bound with the rule that if a treaty provides something other than national law, the treaty shall apply. The second part of this diploma thesis is dedicated to the connection between compulsory vaccination and constitutional law of the Czech Republic and French Republic, or rather how could be compulsory vaccination justified by the constitutional law of both countries. The case law coming from supervising constitutional institutions related to compulsory vaccination is also examined. In the third part, the legal regulation of key aspects of compulsory vaccination is examined. The focus of interest is on the amount of regulation made by statute and by secondary legislation. The aim of this part...
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Opposing compulsory vaccination as an expression of elementary classification of effective substances
Hanzlík, Kryštof ; Čada, Karel (advisor) ; Dvořák, Tomáš (referee)
My thesis is concerned with a public resistance to compulsory vaccination, which has only recently become a problem to watch in Czech Republic. It aims to demonstrate different ways of interaction between the expert medical discourse, which advocates and sanctions vaccination, and the discourse of a particular group of vaccination objectors. They include different conceptualizations of expert knowledge, evaluating a legitimacy of the expert institutions and a conflict between experts' claim to take care of a public health and a demand to put the responsibility for one's health in the hands of each citizen. These motives also take places in two general conceptualisations of health and disease. The conceptualisation which is typical for vaccination objectors stresses the importance of a natural and holistic treatment but it also shares some similarities with the expert conceptualisation. These differences and similarities have been systemically examined in a qualitative analysis of 18 interviews with parents refusing to vaccinate their children. It proposes an elementary classification of effective substances along with the criteria of their harmfulness which include rational calculations of particular risks but also the synthetic nature of the substance, its manufacturing and distribution by...
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Passportisation views of parents for mandatory vaccinations of children
ČERNÁ, Lenka
The bachelor thesis on "Passportisation of parents´ opinions on compulsory child vaccination" deals with child vaccination itself and subsequently it identifies and mutually compares social context with parents´ opinions and attitudes towards compulsory and non-compulsory vaccination. The thesis is divided into a theoretical and an empirical part. In the theoretical part I deal with theoretical observations of given problem and the practical part is focused straightaway on parents´ individual attitudes towards child vaccination. The goal of this thesis is to find out parents´ of up to 5 year-old´s opinions on the vaccination of older children. I extended my thesis in more goals that were trying to find out the relations between social questions and between supporters and opponents of compulsory and non-compulsory vaccination. To reach the set goals I used a quantitative research method and I picked a questionnaire survey among the parents of children of different ages, to be the method. I have come to that social status is not decisive for the decision of parents during the compulsory and non-compulsory vaccinations. I have found out that almost all parents of children up to the age of five years do agree with a compulsory child vaccination, but an absolute majority was against a non-compulsory vaccination. Almost half of all respondents who had children older than the age of 5 years voted for a compulsory vaccination. An interesting outcome of my research is that respondents who have disagreed with a compulsory vaccination have gained a secondary school diploma. The results have been processed into tables and summed up in a discussions where I compared some of them with similar research results from the years of 2012 and 2015. I included my own opinion within the discussion, as well as a solution proposal for the given problem. In the conclusion I have summed up the whole thesis. The research results may be published in magazines or may serve as an information source for experts, or even as a back-up material for respondents.
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Survey of vaccination coverage and vaccination discipline in compulsory vaccination
MAXOVÁ, Marie
The aim of this survey is also to determine vaccination coverage in compulsory vaccination of kids in the first years of life, compliance of vaccine dose timing with vaccination schedule and reasons why some children were not vaccinated. Another goal is to analyse the reasons for some kids in the first years of life being vaccinated late and whether some kids in groups most at risk are vaccinated against tuberculosis. We used a quantitative research method in the form of a cross-sectional study comprised of data collection and analysis. Our research sample consisted of children born in the years 2009, 2010 and 2011 in České Budějovice district. The reason why we have chosen this particular group of children is that (if applicable vaccination schedule had been adhered to) they were supposed to be fully vaccinated against diphtheria, tetanus, whooping cough, haemophilus influenzae b, Hepatitis B virus, poliomyelitis (DTPHibHB). This group of 831 children (427 boys and 404 girls) have been chosen by random sampling from practising paediatricians. These selected physicians provided us with data about all children born in above mentioned years. The results showed that overall vaccination coverage for Infanrix Hexa vaccine (four doses) is 98.2% and 97.26% for Priorix vaccine (two doses). Vaccination coverage for tuberculosis in the years 2009 and 2010 was 90.05%. In the first years of life, up to 88.1% of newborns were vaccinated against tuberculosis ? at least, according to vaccination schedule (and applicable Order). In the first year of life, 99.9% of children have been given three doses of Infanrix Hexa vaccine against diphtheria, tetanus, whooping cough, poliomyelitis, Haemophilus influenzae b invasive disease and Hepatitis B virus. In the first eighteen months of life, 97.4% of children in analysed sample were given fourth dose of said vaccine. 68.6% of children were given the first dose of Priorix-Tetra vaccine in the first fifteen months of life. In the following six to ten months, 75.4% of children were given the second dose. Further analysis revealed that in 40.5% of analysed records some vaccine dose timings were not met. The most common reason for vaccination delay was the state of health of the child. Two instances of vaccination delay were also caused by the omissions of parents. In 2010, indication for vaccination against tuberculosis was recorded for one newborn. In 2011, for four children from the analysed sample vaccination against tuberculosis was recommended. In all cases, vaccination against tuberculosis has been carried out in calmetisation centre. Taking into account my study and its results I can safely assume that the goals of my diploma thesis have been met and the hypotheses set forth have been confirmed by the research.
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