Constitutional Court of Slovenia (Ustavno sodišče Republike Slovenije), No. U-I-127/01, 12 February 2004

Constitutionality of certain legislative provisions concerning compulsory vaccination of children 

Article 35 of the Constitution 
Article 51 of the Constitution 
Article 56 of the Constitution 

1. The system of compulsory vaccination against tuberculosis, diphtheria, tetanus, whooping cough, infantile paralysis, measles, mumps, rubella and hepatitis B is constitutional. The Consitution itself in Article 51.3 allows that a statute may determine health measures even without the consent of an individual, the legislature can, as a means for reaching a goal which it pursues, regulate compulsory vaccination.

2. Compulsory vaccination interferes with certain human rights - the right of individuals to decide themselves, the right to the protection of physical integrity (Article 35 of the Constitution), and the right to voluntary medical treatment (Article 51.3 of the Constitution).

3. The Infectious Diseases Act is unconstitutional as it does not regulate the procedure and rights of persons involved as regards establishing the existence of justified reasons for not receiving compulsory vaccinations, and it does not regulate liability for damages of the State for damage caused to an individual due to compulsory vaccination.