Vavřička and Others v. Czech Republic, Nos. 47621/13 and 5 others, ECtHR (Grand Chamber), 8 April 2021

Compulsory vaccination against nine pediatric infectious diseases. Respect for private life. Non-violation of Art. 8 ECHR.

Art. 8 ECHR 
Art. 9 ECHR 

1. The obligation to vaccinate against nine pediatric infectious diseases constitutes an interference with private life, protected by Art. 8 ECHR. It is therefore necessary to establish whether that interference complies with the requirements provided for by Art. 8, para 2, ECHR. 

2. In the instant case, the interference with private life is prescribed by law. Moreover, the measure pursues a twofold legitimate aim, protecting health both in its individual dimension and in its collective dimension as a public interest. 

3. In the instant case, the mandatory vaccination meets a pressing social need: the respondent Government has shown that, if it became a merely recommended procedure, any decline in the vaccination rate would pose a serious threat to individual and public health. 

4. Demanding to accept the vaccination to those for whom vaccination poses a remote health-related risk is not disproportionate. On the contrary, this universally practiced protective measure is part of the duty of social solidarity, for the sake of the small number of vulnerable children who cannot benefit from vaccination (para. 306). 

5. In the present case, the institution of conscientious objection is not applicable due to the absence of the requirements of sufficient cogency, seriousness, cohesion, and importance (paras. 330 ff.). 

(Case in which the Grand Chamber of the ECtHR found Convention-compliant the imposition of compulsory vaccination against nine pediatric infectious diseases well-known to medical science. The applicants, in particular, had been sanctioned for not having complied with the mandatory vaccination).