Are mandatory vaccines still mandatory?

Abstract

The Sanitary Code and Decree No. 6 of 2010 issued by the Ministry of Health establish the mandatory nature of mandatory vaccines. Based on these norms, courts have historically recognized the mandatory nature of these vaccines, and have ordered their administration even with the assistance of law enforcement. This is how Public Health has been given priority. Recently, following the “Informed Rejection” document published within Ordinary B 27 No. 4031 issued by the Undersecretaries of Public Health and Assistance Networks, which in some occasions has been understood as a manifestation of the informed consent of Article 14 on the Law on Rights and Duties of patients, courts have begun recognizing the right to reject mandatory vaccines. This is how personal autonomy has been given priority. Given all these reasons, it is necessary to answer if mandatory vaccines are still mandatory, which is precisely what this paper aims to do.