Compulsory or recommended vaccination : legal aspects of children vaccination policies in Serbia

Arsić, Jelena and Jerinić, Jelena and Simić, Jelena (2017) Compulsory or recommended vaccination : legal aspects of children vaccination policies in Serbia. In: Globalisation and Law / [editors-in chief Saša Knežević, Maja Nastić]. University, Faculty of Law, Niš, pp. 313-330. ISBN 978-86-7148-242-4

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Abstract

Vaccination is one of the most important tools of primary health prevention. However, vaccines are specific and differ from other medical interventions, mainly because they are one of the most common medical measures applied to healthy rather than ill persons. They are aimed not only at ensuring the wellbeing of the individual who receives them but they are also indirectly beneficial for the entire population. This paper examines the issues pertaining to the vaccination of children in light of the Serbian Act on the Protection of Population from Infectious Diseases, adopted in 2016. The authors consider relevant legal aspects of childhood vaccination, and analyse the potential conflict between children’s right to protection from diseases and the parents’ or legal guardians’ right to make a decision regarding the treatment of children. International policies and standards are also explored, with the aim to reach conclusions on the appropriate legal measures to balance the necessity to provide for the protection of public health with the individuals' right to self-determination and freedom of choice.

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