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

Oleksandr Harahonych; Vasyl Homonay; Zoia Kuznietsova; Olena Khrapenko; Arkadii Nazarko

Ayuda

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

Harahonych, Oleksandr ^[1] ; Homonay, Vasyl ^[3] ; Kuznietsova, Zoia ^[4] ; Khrapenko, Olena ^[2] ; Nazarko, Arkadii ^[2]
1. [1] Taras Shevchenko National University of Kyiv
  
  Taras Shevchenko National University of Kyiv
  
  Ucrania
2. [2] National University
  
  National University
  
  Estados Unidos
3. [3] State Higher Educational Institution "Uzhgorod National University", Ukraine.
4. [4] Department of Constitutional Law and Justice of the I. I. Mechnikov Odessa National University.
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Localización: Revista Amazonia Investiga, ISSN-e 2322-6307, Vol. 10, Nº. 44, 2021, págs. 178-187
Idioma: inglés
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Resumen
- 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.).