Italian Constitutional Court (Corte costituzionale), N. 268/2017, 22 November 2017

Influenza vaccination and compensation for damage suffered as a result of vaccination. Right to health as a collective public interest.

Art. 2 It. Const.
Art. 3 It. Const.
Art. 32 It. Const.
Law no. 210 of 1992, "Indemnity for individuals harmed by irreversible complications resulting from compulsory vaccinations, transfusions and the administration of blood derivatives" 

1. In the case of a recommended vaccination, the health authorities prefer to recommend to individuals that they participate in a public healthcare programme. The recommendation “technique” affords greater attention to individual self-determination and thus to the subjective aspect of the individual right to health, which is protected by Article 32(1) of the Constitution; however, it nonetheless pursues the goal of achieving the best protection for health as (also) a collective interest. 

2. Both a recommended and a compulsory vaccination pursue a common and essential in preventing infectious diseases: guaranteeing and protecting (also) public health by achieving the highest possible vaccination coverage. 

3. In terms of the interests guaranteed by Articles 2, 3 and 32 of the Constitution, there is justification for shifting to the collectivity, which also objectively benefits from the individual choices, any harmful effects that may result from those choices. 

4. Thus, the decisive basis for the right to an indemnity does not result from the fact of being subject to mandatory treatment as such, but rather lies in the requirements of social solidarity that are imposed on society at large where an individual suffers negative consequences for his/her physical and psychological integrity as a result of healthcare treatment (whether mandatory or recommended) carried out also in the interest of society at large. 

5. Article 1(1) of Law no. 210 of 1992 shall be declared unconstitutional insofar as it does not make provision for the right to an indemnity, under the conditions and according to the procedures laid down by the said Law, for those who have received the influenza vaccination.