IMUNIZACIJA DECE PROTIV MALIH BOGINjA SA ASPEKTA PRAVA DETETA I VRŠENjA RODITELjSKIH DUŽNOSTI

Abstract

Since the beginning of October 2017, Serbia has faced with measles virus infection outbreak which proved once more the necessity of children compulsory immunisation against that highly infectious disease. Serbia adopted law on mandatory vaccination against measles for all children of certain age, as well as measures of recommended passive immunisation of the individual child in case of measles clinical indications. Rules on compulsory active immunisation for children against measles are in accordance with the public health interests and the child's right to life, survival and development. Simultaneously, children mandatory vaccination amounts to an interference with the child's right to private life, but such interference pursues legitimate aim in terms of the European Convention on Human Rights and case law of the Strasbourg Court. Furthermore, the interference is also justified from the aspects of parent's right to family life since it is necessary for protection of public health interests and rights and freedoms of others, which was also affirmed by the decision of the Constitutional Court of Serbia. Regarding the recommended passive immunisation of a child, parental consent to this medical treatment should be considered as making decision on issues that seriously affect the life of a child in terms of family legislation. That is why it is necessary to have explicit consent of both parents to their child passive immunisation in cases when a child is under the age of 15, or in situations when a child who reached this age having sufficient mental capacity did not consent to medical treatment of passive immunisation.