학술논문

Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic.
Document Type
Article
Source
Modern Law Review. Jul2023, Vol. 86 Issue 4, p1035-1048. 14p.
Subject
*PUBLIC health
*HUMAN rights
*COMMUNITY welfare councils
*MENTAL health
Language
ISSN
0026-7961
Abstract
In Vavřička v Czech Republic, the European Court of Human Rights held that the Czech Republic's childhood vaccination policy did not contravene the Article 8 right to private life. This note presents a rhetorical and contextual analysis of the Court's engagement with questions of expertise. The majority's application of a wide margin of appreciation avoided grappling with the details of scientific and medical authority, as much as the political challenges raised by the application. We conclude by considering the wider context and limits of rights‐based approaches to global public health. [ABSTRACT FROM AUTHOR]