Constitutional Court of Serbia (Уставни суд Републике Србије), No. IUz-48/2016, 26 October 2017

Constitutionality of certain legislative provisions concerning compulsory vaccination. Discrimination against those children not vaccinated. Respect of Serbia's international obligation  

Art. 26 of the Convention on Human Rights and Biomedicine (Oviedo Convention) 
 

1. The measures mandated by the impugned provisions respect the requirement of being necessary in a democratic society. The available 2015 immunisation records for the vaccines in the immunisation schedule showed the lowest vaccination rate in ten years. This increases the risk of epidemics of communicable diseases which had been prevented for decades by vaccination, since a high level of collective immunity is needed to prevent an outbreak of an epidemic. 

2. The fact that children’s attendance at educational institutions is conditional on their having been vaccinated cannot be construed as being relevant in constitutional terms to any form of discrimination in respect of the right to education. Indeed, all children in certain age groups are subject to vaccination, unless this was contraindicated on health-related grounds. That obligation, in accordance with the principle of equality of all before law, equally refers to all persons who are included in a group.