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Constitutional Court of Hungary (Magyarország Alkotmánybírósága), No. 39/2007 (VI. 20.) AB, 20 June 2007

Date
20/06/2007
Type Judgment
Case number 39/2007 (VI. 20.) AB

Abstract

Compulsory vaccination and protection of children’s health. Protection against contagious diseases. Justification of the obligation under the Constitution of Hungary. 

Normative references

Art. 60 Const. 
Art. 67 Const. 
Art. 70 Const. 
Act CLIV of 1997 (Healthcare)
Act IV of 1990 (Freedom of Conscience and Religion and on the Churches) 

Ruling

1. The protection of children’s health justifies compulsory vaccination at certain ages. The benefits of vaccination for both the individual and society outweighed any possible harm due to side‑effects. The system of compulsory vaccination does not contravene children's rights to physical integrity. 

2. The system of compulsory vaccination might result in more significant harm for parents who, for reasons of religious conviction or conscience, did not agree with vaccination. However, the regulation is in accordance with the requirements of the neutrality of the State. The objective legal norms (which are binding on everybody) protecting the health of children (and all other children, all in all society as a whole) are based upon regulation based on natural sciences, rather than the acceptance of the truth content of different ideologies.

3. There had been an unconstitutional omission: the legislature had failed to provide an effective legal remedy against the refusal of exemptions from compulsory vaccination.