LEGAL ASPECTS OF VACCINATION IN UKRAINE: BETWEEN THE RIGHTS OF INDIVIDUALS AND THE INTERESTS OF SOCIETY

Abstract

The article considers human rights issues through the prism of vaccination. The international and national norms, as well as the practice of the ECtHR on human rights in the context of immunization and human responsibilities to the society in which he lives are analyzed. The question of the admissibility of compulsory vaccination is not new, but it is especially relevant in modern conditions. Today, we are all witnessing a situation where the state has created the conditions for stimulating and even forcing vaccination due to the spread of coronavirus infection. A person is faced with a "choice without a choice", because it becomes impossible to exercise their basic rights, such as the right to work or the right to free movement, if the person has not received a vaccination certificate. However, such persistent coercion to vaccination in the event of the spread of coronavirus infection is particularly disturbing to some sections of society, as such persistence and agitation for vaccination against other infectious diseases has not been observed. It is determined that the state can use compulsory vaccination, but if there are legal grounds and proportionality. Vaccination must be legal and legitimate. In order to avoid violations of citizens’ rights in practice, clear legislative regulation of the procedural aspect of vaccination is needed. It has been established that both national and international norms indicate that vaccination is a human right that he uses consciously, taking into account all the risks and benefits. A person’s consent to any vaccination is mandatory, so it is unacceptable to use intimidation and coercion in this context. The author argues that a high level of vaccination in society can only be achieved by providing truthful information, establishing responsibility for the consequences of vaccination, which generally contributes to the formation of public confidence in the healthcare system.