Realization and restriction of constitutional rights in vaccination against Covid-19

Abstract

The democratic community has faced a challenge regarding the existence or absence of a legal basis for the introduction of compulsory vaccination. The scholars asked the question: Is compulsory vaccination against COVID-19 a violation of personal non-property human rights or the implementation by the state of its duty to ensure the sanitary and epidemiological well-being of the entire population and protect society from a deadly disease? Methodology of work: logical-semantic, historical, analytical, extrapolation, comparative legal methods, methods of comparison and generalization, analysis, and synthesis. Results of the study: the assessment of the historical and international experience in the implementation of vaccination was carried out; the negative and positive aspects of mass vaccination were considered; the legal regulation of vaccination was studied; the legal framework in this area was compared; the judicial practice regarding legal relations that arise during vaccination was analyzed. The conclusion is made regarding priority in the context of the increasing spread of COVID-19, the observance of which rights is key during the mandatory mass vaccination (the right to a high-quality, highly effective vaccine, the right to choose a vaccine, equal availability of a vaccine, the right to receive compensation in case of negative consequences after vaccination, etc.).