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The State’s Obligations in Ensuring the Protection of Health: Increasing the Vaccination Rate Using Legal Measures

Issue 2018/3
Pg 159-168

Summary

It is estimated that vaccination prevents up to three million human deaths every year. As vaccination programmes have been successful, parents usually have no experience with, or memory of, vaccine-preventable illnesses. This is why it is difficult for them to appreciate the benefits of vaccination. Instead, paradoxically, both globally as well as in Estonia, the anti-vaccination movement has appeared, which is mainly driven by the false assumption that vaccines are dangerous.

The vaccination rate is not yet critical in Estonia, but if the rate falls, it is important to think of corrective measures early on to prevent extensive outbreaks of disease. This is necessary to ensure the basic right to the protection of health arising from Section 28 of the Constitution.

The article offers legal measures for further discussion that could be used to raise the vaccination rate in the society. The main focus will be placed on such legal measures that increase the protection of children as patients who are in the weakest position and depend on their parents.

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