Ustawowa konstrukcja obowiązku szczepień ochronnych u dzieci na tle prawa polskiego – uwagi de lege lata i de lege ferenda

Abstract

The subject of the article is a reflection on the legal construction of preventive vaccination in children. Using the dogmatic-legal method and the analysis of case law, the author examines the issues related to the consent of the child’s legal representative and the question of legal sanctions applied in the event of opposition to this medical intervention. The subject of consideration are also potential possibilities of solving the conflict between the child’s legal representative and public authorities (represented by the sanitary inspection authorities). Thus, the issue is to find such a solution that would lead not only to the goal of achieving the so-called herd immunity, but also to the proper protection of the rights of persons in a potential conflict and the realization of the so-called best interests of the child.