Historically, compulsory vaccination has achieved remarkable results in the control of various infectious diseases. Compulsory vaccination against a number of infectious diseases, which is also known in the Republic of Slovenia, has a sufficient legal basis, the compatibility of which with the Constitution has been confirmed by the Constitutional Court of the Republic of Slovenia. The medical profession is key in assessing the spread and the risk of certain diseases, so which vaccination should be compulsory in order to achieve herd immunity is primarily a matter for the medical profession to assess. However, the medical profession's assessment of the need for compulsory vaccination against, for example, COVID-19 does not mean that the legislator will necessarily legislate for compulsory vaccination against COVID-19, but there are also procedures in place to verify the safety and quality of a particular COVID-19 vaccine. Individuals who have a medically justifiable reason may, on the basis of the law, initiate a procedure for the waiver of vaccination, in which the Ministry of Health, on the basis of the opinion of the Vaccination Commission, will issue an administrative decision, the lawfulness of which may be reviewed in an administrative litigation. The State is liable in damages to individuals who have suffered harm as a result of compulsory vaccination. However, in the case of damage caused by breaches of professional rules or by the patient's (lack of) consent to a medical procedure, the liability for damages lies with the health care organization or the doctor. The European Court of Human Rights, like the Constitutional Court of the Republic of Slovenia, has weighed the balance between individual human rights and found compulsory vaccination to be compatible with the right to private and family life.
|
