Examination in the context of fundamental rights and freedoms: Childhood vaccinations

Vaccines are one of the most effective methods for protecting and improving public health by providing immunity against infectious diseases through a process extending from the individual to the society. In this context, possible negative effects of many infectious diseases are eliminated thanks to vaccines in childhood. However, in recent years, we have witnessed an increasing level of hesitation or rejection regarding childhood vaccinations. This being the case, it is predicted that vaccine hesitancy and opposition will be among the most important health problems that threaten public health in the near future. It seems that this situation is caused by the fact that the allegations that the substances contained in the vaccines have many harmful effects and that there are also religiously objectionable substances cannot be answered at a satisfactory level and prevalence within the framework of a vaccination policy through effective communication. In order to prevent this indecision and increasing opposition movements towards vaccinations around the world, and to increase social immunity through vaccines, which are a preventive health service, legalizations have begun regarding the compulsory administration of childhood vaccines in accordance with the regime of limitation of fundamental rights and freedoms. In this context, Italy, France and Germany, located in Europe, can be described as exemplary countries with their policies regarding compulsory vaccination practices. However, individual applications have been made to both national constitutional courts and the European Court of Human Rights (ECHR) on the grounds that making childhood vaccinations mandatory by law is an intervention that violates fundamental rights and freedoms. On the other hand, it is seen that some countries in the world have determined incentive policies to achieve the legitimate aim of protecting general health by increasing social immunity through childhood vaccinations. In Australia, which is the model country for the incentive policy in question, a legal regulation has been made regulating that tax deductions and financial aid will be given to the families of children who have received all the vaccines in the recommended national childhood vaccination calendar. The compulsory vaccination policy, in which increasing immunity against childhood infectious diseases is made mandatory by law, will be examined in detail within the scope of this study. In addition, an active voluntary vaccination policy, which includes financial incentives for the family and an effective informed consent process for vaccination applications, will be discussed with a holistic approach. For our country, following the rights violation decision of the Constitutional Court of Turkey within the scope of individual application regarding compulsory vaccination, the currently implemented passive vaccination policy and the suggestions for the implementation of compulsory vaccination and active voluntary vaccination policies in terms of our national health conditions will be discussed in detail.