Constitutional aspects of compulsory vaccinations in USA and EU law

Abstract EN

Across the globe, different nations have heterogeneous vaccination policies.

Countries vary in the mandate and the implementation and enforcement of directives and potential consequences for incompliance.

Public immunization programs are deemed effective because they help minimize morbidity and mortality rates associate with vaccine-preventable diseases.

The debate on if vaccination should be made compulsory through legislation is aggravating.

It focuses on the community's privileges versus individual rights, especially the right of an individual to decide on their best interest.

At times, mandatory vaccination policies lead to opposition, considering that few compulsory vaccination policies are aimed at adults.

Mandatory vaccine policies influence human rights.

An evaluation of the existing mandates in Europe could be crucial in informing policy choices across the globe.

The dilemma is if accomplishing herd immunity against staid and avertable diseases justifies infringing individual rights regarding previous vaccine-preventable conditions and discovering the recent COVID-19 vaccine.

Coronavirus vaccine discovery has raised concerns and the public fear that governments may coerce mandatory vaccination.

The article will apply qualitative research methods to explore constitutional limits to compulsory vaccination in USA and EU Law.

The paper cites that mandatory vaccination may be invasive to some people considering that vaccination legislation is not done on a vaccine-by-vaccine basis.

The paper also indicates that implementing mandatory or voluntary vaccination depends on a nation's statutes and regulations, and the European Union only plays a supplementary role.

Case law clearly indicate in both the United States of America and the European Union the constitutionality of imposing vaccinations, as long as these measures are appropriate, necessary and proportionate to the desired purpose, which is to protect public health.