The execution of compulsory vaccination as requirement for the access to public nurseries: balancing protection of (collective) health and individual self determination

Abstract

The aim of the paper is to analyze the decision n. 20/2017 of the Regional Administrative Court of the Friuli Venezia Giulia Region. This decision deals with the legitimacy of a municipal regulation, which delimitate the access to municipal nurseries to whom has been previously subjected to compulsory vaccinations. The rights and principles at a stake (healthcare right, the proportionality principle, the precautionary principle, the right of parents to grow their children in accordance with their convictions) will be firstly analyzed according to the reasoning of the judge. Subsequently, by taking into consideration some of the statements contained in this judgment, the paper will focus on the possibility for minority scientific theories ―the ones contrary to those officially followed by the competent public authority― to find their voice during a trial and, on the other hand, the paper will also consider the philosophical perspective followed by the judge in his reasoning.