The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school at-tendance and a fine as a punitive mechanism for non-vaccination vio-lates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the in-fringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the "needs of a dem-ocratic society." Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

CHEN Yunliang;MO Tingting;LI Donglin

Center for Medical and Health Law,Central South University;Law School of Central South University

人权（英文版）

[1]CHEN Yunliang;MO Tingting;LI Donglin-.Vaccination Obligation from the Perspective of the European Court of Human Rights — Taking the Case of Varif et al.v. Czech Republic as an Example)[J].人权（英文版）,2022(06):1158-1177

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