Obligation of Vaccination and Compulsory Protective Vaccination – Legal Bases and Enforcement Measures

Abstract

Starting from the fundamental constitutional freedoms and rights of persons and citizens, the article covers the issue of obligation of vaccination as a typical example of a conflict between constitutional values. Then, the author interprets and systematizes the legal concepts concerning required immunization under the Act of 5 December 2008, on preventing and combating infections and infectious diseases among people, which leads, among others to differentiation between the concept of “vaccination obligation” and the concept of “compulsory protective vaccination”. Next, legal bases and enforcement measures for the vaccination obligation are discussed. The analysis focuses on the conditions for the use of coercive measures and leads to the nonobvious conclusion that use of physical coercion in order to implement the “mandatory protective vaccination” or other type of “vaccination obligation” – is currently is not possible. The article also includes the latest amendments to the law, on preventing and combating infections and infectious diseases among people, as well as regulations issued in connection with the SARS-CoV-2 coronavirus pandemic.