Compulsory Vaccination and the Turkish Constitutional Court

Eur J Health Law. 2020 Oct 21;27(5):476-494. doi: 10.1163/15718093-BJA10030.

Abstract

As vaccine hesitancy is on the rise around the world, apex courts in some countries have confronted the difficult task of striking a fair balance between individual rights and the common good. Against this background, the article discusses the compulsory vaccination cases heard by the Turkish Constitutional Court (TCC). The TCC's case law illustrates that any interference with bodily integrity must first comply with the principle of lawfulness and its rulings addressed an important shortage of the current Turkish compulsory childhood vaccination policy. The article suggests that the principle of lawfulness in compulsory vaccination cases should not be taken lightly, even if it serves compelling public interests.

MeSH terms

  • Humans
  • Jurisprudence
  • Mandatory Programs / legislation & jurisprudence*
  • Public Health
  • Turkey
  • Vaccination / legislation & jurisprudence*
  • Vaccination Refusal / legislation & jurisprudence*