Abstract
The European Convention on Human Rights (ECHR) judgement no. 116(2021) of 8 April 2021 establishes the principle of mandatory vaccination, indicating the criteria that national legislation must comply with, following the principle of non-interference in the private life of the individual. Vaccination for the prevention of SARS-CoV-2 infection appears to be an essential requirement for providing healthcare assistance. The European experience with compulsory vaccinations, offers a composite panorama, as the strategy of some European countries is to make vaccinations compulsory, including financial penalties for non-compliance. As in other countries, there is a clear need for Italy to impose compulsory vaccination for healthcare workers, in response to a pressing social need to protect individual and public health, and above all as a defense for vulnerable subjects or patients, for whom health workers have a specific position of guarantee and trust. The Italian Republic provided for mandatory vaccinations for health professionals by Decree-Law of 1 April 2021 no. 44, to guarantee public health and adequate safety conditions. As stated by ECHR, the Italian State, despite having initially opted for recommendation as regards to SARS-CoV-2 vaccination, had to adopt the mandatory system to achieve the highest possible degree of vaccination coverage among health professionals to guarantee the safety of treatments and protection of patients’ health. We present the Italian situation on vaccine hesitation in healthcare workers, with updated epidemiological data as well as the doctrinaire, social, and political debate that is raging in Italy and Europe.
Highlights
The Italian provisions faithfully reflect the judgment recently made by European Convention on Human Rights (ECHR) regarding mandatory vaccination, even if the latter concerns schoolchildren
To impose the obligatoriness of vaccination for health professionals, in response to a pressing social need for the protection of individual and public health, and above all as a defense for vulnerable subjects or patients, for whom healthcare workers (HCWs) have a specific position of guarantee and trust
Epidemiological data concerning the Italian situation updated to 11 August 2021 show a distribution of cases and COVID-19 related deaths, stratified by age group and sex in the general population, which is useful to compare with the distribution of cases and COVID-19 related deaths among healthcare workers
Summary
Publisher’s Note: MDPI stays neutral with regard to jurisdictional claims in published maps and institutional affiliations. The Italian provisions faithfully reflect the judgment recently made by ECHR regarding mandatory vaccination, even if the latter concerns schoolchildren It recalls the need for vaccination obligatoriness in certain cases, aiming at protecting public health, recognizing mandatory vaccination as “necessary in a democratic society” [9,10]. By means of Article 8, a public authority cannot interfere with anyone exercising his or her right to private and family life, home, and correspondence Such interference can only be admitted if provided by the law, when it constitutes a necessary measure, in a democratic society, for national and public security, the economic well-being of the country, defense of order and prevention of crimes, protection of other people health, rights, and freedom [11]. For ECHR, an interference, such as imposing vaccination on certain categories of people and/or workers, is considered “necessary in a democratic society” and justified when it responds to an “urgent social need”, its reasons are “relevant and sufficient”, and the measures are proportionate to the legitimate aim pursued
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