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<p>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.</p>
</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.

Legal Construction of Childhood Vaccinations Against the Background of Polish Law – Remarks De Lege Lata and De Lege Ferenda

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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...

Legal Construction of Childhood Vaccinations Against the Background of Polish Law – Remarks De Lege Lata and De Lege Ferenda

Data publikacji: 18 paź 2022

Zakres stron: 119 - 139

Otrzymano: 30 sty 2022

Przyjęty: 30 kwi 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.07

Słowa kluczowe
childhood vaccinations, child welfare, consent to vaccination, guardianship court

© 2022 Urszula Drozdowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Legal Construction of Childhood Vaccinations Against the Background of Polish Law – Remarks De Lege Lata and De Lege Ferenda

Data publikacji: 18 paź 2022

Zakres stron: 119 - 139

Otrzymano: 30 sty 2022

Przyjęty: 30 kwi 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.07

Słowa kluczowechildhood vaccinations, child welfare, consent to vaccination, guardianship court

© 2022 Urszula Drozdowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
childhood vaccinations, child welfare, consent to vaccination, guardianship court