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Consequences Of Legal Liability Of Parties In Case Of Expression Of Refusal Of Realization Of The Mandatory Vaccinations

Author

Listed:
  • Camelia Daciana Stoian

    (Arad Bar Association, Romania)

  • Claudia Boghicevici

    („Aurel Vlaicu” University, Arad, Romania)

Abstract

The views expressed through the media institutions in order to draw an alarm signal on the draft Law on Vaccination, draw attention to contravention sanctions without enforcing the term "medical negligence" and without corroborating the definition here of the Law no. 272/2004 on the protection and promotion of the rights of the child (r) respectively with the consequences expressly provided in the methodology approved by the Government Decision no. 49/2011. In fact, medical neglect listed as part of the category of forms of violence that can be exerted on the child is alongside possible violation of child rights, criteria that can repercussions across the family, obviously under the condition of proving the potential causal link with the form of violence. This article seeks to raise awareness of the consequences of legal liability for parents when expressing the refusal to carry out compulsory vaccinations, how vaccinations can really affect their rights, and ultimately cause undesirable effects in the child's life, but also to discuss which is based on the existing case-law of the European Court of Human Rights, focusing on the recognition of the obligation of the medical act of vaccination as an interference with the right to respect for private life, and especially on the condition of proving necessary, appropriate and proportionate of the compulsory vaccination decision.

Suggested Citation

  • Camelia Daciana Stoian & Claudia Boghicevici, 2018. "Consequences Of Legal Liability Of Parties In Case Of Expression Of Refusal Of Realization Of The Mandatory Vaccinations," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 7(1), pages 95-100, May.
  • Handle: RePEc:sja:journl:v:7:y:2018:i:1:p:95-100
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    More about this item

    Keywords

    written refusal; mandatory vaccination; medical negligence; post-vaccine adverse effects.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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