CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ COMPULSORY VACCINATION OF MINORS IN THE CZECH REPUBLIC it really is. It is nevertheless connected to crucial constitutional and human rights questions that need to be addressed. 1.1 Overview of Legal Regulation There are several types of compulsory vaccination defined in Act No. 258/2000 Sb., on the Protection of Public Health (Act on the Protection of Public Health). A natural person who has permanent residence in the Czech Republic, as well as some other categories of persons, is obliged to undergo the so-called regular vaccinations, the type of which, together with the circumstances and terms for its implementation, is determined by an implementing legal regulation. According to the wording of the law, the purpose of regular vaccinations is to prevent the emergence and spread of serious infectious diseases with a high risk of further epidemic spread in groups and life-threatening infectious diseases. 8 There are only two exceptions from the vaccination obligation: a demonstrable immunity against the infection or the health condition preventing the administration of the vaccine (i.e., a permanent contraindication). 9 Providers of health services are obliged to provide mandatory vaccinations under the sanction of a fine of up to 1,000,000 CZK (approx. 40,000 EUR). 10 The most usual – and the most controversial – is the mandatory vaccination of minors, that most often applies to infants and toddlers. The particular vaccines are defined in the Decree No. 537/2006 Sb., on Vaccination Against Infectious Diseases (Vaccination Decree). In most cases, there are two mandatory vaccines: first, the hexavalent vaccine protecting against diphtheria, tetanus, pertussis, invasive disease caused by Haemophilus influenzae b, viral hepatitis B, and polio, and second, the MMR vaccine that aims at inducing immunity against measles, rubella, and mumps. A tuberculosis vaccine is only mandatory for children with special indications. 11 By failing to comply with the relevant vaccination regulation, the minor’s legal representative (usually the parents) commits an administrative offense with the fine of up to 10,000 CZK (approx. 400 EUR). 12 In practice however, the cases are seldom referred to the public health authority, and fines are imposed rather rarely. Furthermore, the limitation period is only one year. 13 Even if a fine is imposed, it is relatively low, with the average monthly income in the country in 2021 almost reaching 38,000 CZK. 14 A more significant legal consequence of not vaccinating a child is the prohibition of admitting the child to a preschool facility (such as a kindergarten or other types of preschool care), unless the parents present proof that the child is immune to the infection or that they cannot be vaccinated due to a contraindication. 15 8 Section 46(1) of Act on the Protection of Public Health. 9 Section 46(2) of Act on the Protection of Public Health. 10 Section 92k(2)(c) in connection with Section 92k(7)(a) and Section 45 of Act on the Protection of Public Health. 11 Sections 2-5 of Vaccination Decree. 12 Section 92k(6)(b) in connection with Section 92(k)(7)(d) of Act on the Protection of Public Health. 13 Section 30(a) of Act No. 250/2016 Sb., on Liability for Administrative Offenses. 14 See Average wages – 4. quarter of 2021. Czech Statistical Office. (7 March 2022.) accessed 23 June 2022. 15 Section 50 of Act on the Protection of Public Health.

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