Strasbourg on Compulsory Vaccination

Event date
21 October 2021
Event time
12:45 - 14:00
Oxford week
MT 2
Professor Paul Gragl

If you wish to participate in this (remote) seminar, RSVP is necessary. Please complete the form before noon Wednesday 20 October (please note that if you register after noon, a link cannot be sent to you).  Prior to the Thursday seminar, you will be sent a zoom link to join. 

Abstract: Despite the overwhelming scientific evidence that vaccines are, in general, safe and effective, vaccine hesitancy continues to thrive due to various reasons, such as misinformation, the wish to protect one’s personal autonomy, and/or religious or moral beliefs. Vaccine hesitancy therefore endangers attaining and maintaining herd immunity which protects those that cannot be vaccinated due to medical reasons. Some States have consequently implemented compulsory vaccination schemes in order to close this gap in protecting public health, which, however, raises two essential questions in the context of human rights protection: (i) if a State has done so and implemented a compulsory vaccination scheme, does it potentially violate Articles 2,8, and 9 of the ECHR? In other words, are the ECHR Contracting Parties under a negative obligation to abstain from introducing such measures? Or (ii) if a State has not done so (yet), is it actually under a positive obligation to introduce such measures in order not to violate these provisions? On the basis of the ECtHR’s recent judgment in Vavřička and others v. the Czech Republic (April 2021), I will discuss these questions and conclude that States are, if specific requirements are met, not prohibited from implementing such measures, whilst they are also not obligated to do so under the ECHR as long as they protect those most vulnerable to infectious diseases through other means.

The presentation is based on a paper which will be published in the European Convention on Human Rights Law Review.

Paul Gragl is Professor of European Law at the University of Graz, Austria. His research interests include public international law, EU law, human rights law, and legal theory as well as philosophy, which is reflected in his most recent monograph Legal Monism: Law, Philosophy, and Politics (OUP, 2018).

Due to the current public health emergency, the PIL Discussion Group series for Michaelmas Term 2021 will be held online. RSVP is necessary for each event and a link to the Form will be available each week. The link will be provided in each event listed below and prior to the seminar, you will be sent a link to join the discussion. Please note that if you complete the form after the deadline of noon each Wednesday, you will not receive the link to join.
The Public International Law  Discussion Group at the University of Oxford is a key focal point for PIL@Oxford and hosts a weekly speaker event. Topics involve contemporary and challenging issues in international law. Speakers include distinguished international law practitioners, academics, and legal advisers from around the world.
The discussion group's meetings are part of the programme of the British Branch of the International Law Association and are supported by the Law Faculty and Oxford University Press. 
The speaker will commence at 12:45 and speak for about forty minutes, allowing about twenty five minutes for questions and discussion. The meeting should conclude before 2:00.
Practitioners, academics and students from within and outside the University of Oxford are all welcome. 

Found within

Public International Law