scholarly journals Introduzione di un obbligo vaccinale contro il Covid-19: profili di criticità

Author(s):  
Arturo Maniaci

SOMMARIO: 1. L’epidemia nel Codice civile italiano - 2. “Una brutta notizia, avvolta in una proteina” - 3. Le misure di contenimento dell’epidemia da Covid-19 adottate e l’esordio di vaccini anti-Covid-19 - 4. La vaccinazione obbligatoria: precedenti storici italiani - 5. La vaccinazione obbligatoria contro il Covid-19, oggi: una mappa mondiale - 6. La vaccinazione contro il Covid-19 in Italia: obbligo, diritto od onere? 7. Il problema della compatibilità dell’obbligo vaccinale con il quadro normativo costituzionale ed europeo - 8. Conclusioni. The introduction of a compulsory vaccination in Italy: critical profiles ABSTRACT: The multiple Covid-19 vaccines developed until now are typically thought of as the only means to meet the challenges posed by the current pandemic. The Italian legal system offers a composite framework for the regulation of vaccinations against Covid-19 and more precisely provides for the burden of vaccination for many categories of people (including healthcare workers). The purpose of this paper is to verify the legitimacy of a compulsory vaccination in the light of Italian and European sources of law. In this perspective, the Author argues that a compulsory vaccination against Covid-19 could be considered not consistent with both the Italian Constitution and the European legislation. Furthermore, the Author focuses on the phenomenon of vaccine esitancy, questioning whether a policy of mandatory vaccination is the proper tool for supporting the effective implementation of vaccination strategies.

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
G Voglino ◽  
M R Gualano ◽  
F Bert ◽  
E Olivero ◽  
M Corezzi ◽  
...  

Abstract Background Vaccine hesitancy is a considerable issue in European Countries and leads to low coverage rates. Consequently, the implementation of national immunization programmes including the introduction of compulsory vaccination are required. It is interesting to determine citizens’ knowledge, attitudes and believes about vaccination policies, in order to more effectively define vaccination programs. Methods The present study systematically reviewed published studies evaluating attitudes towards mandatory vaccination programs. PubMed and Scopus scientific databases were searched and 4,198 results were returned, of these 29 met the inclusion criteria. PRISMA statements were followed. Results Twenty-two studies assessed attitudes towards mandatory vaccination programs in general, while 9 papers focused specifically on the Human Papilloma Virus (HPV) vaccine. Most of the studies were performed in Europe and North America. According to the assessed studies, the majority of the population seems to be in favour of compulsory vaccinations, from 53% to 97% for different vaccination programs. More resistance has been recorded for the HPV vaccination: the percentage of agreement for mandatory HPV vaccinations ranged from 27% to 63.5%. Furthermore, some studies investigated healthcare workers’ attitudes towards childhood and adult vaccinations. They pointed out that the general population is generally more in favour of mandatory vaccination policies than healthcare workers. The studies highlighted that the support to mandatory policies increased after their implementations. Conclusions The results presented in this review could be an important starting point to further understand the issue of vaccine hesitancy and support the implementation of effective vaccination strategies in Europe. Key messages Mandatory vaccination policies are generally well accepted among general population. More resistance is recorded for specific vaccination (HPV) or among specific population (healthcare workers).


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


Author(s):  
Leanne M. Delaney ◽  
Victoria R. Williams ◽  
Nick Tomiczek ◽  
Lawrence Robinson ◽  
Alex Kiss ◽  
...  

Abstract A policy mandating the completion of an online learning module for healthcare workers intending to decline influenza immunization was associated with a nearly 25% relative increase in immunization and significant reduction in healthcare-associated influenza. In the absence of mandatory vaccination, this model may help to augment severe acute respiratory coronavirus virus 2 (SARS-CoV-2) vaccine efforts.


Author(s):  
Andrea Trevisan ◽  
Paola Mason ◽  
Annamaria Nicolli ◽  
Stefano Maso ◽  
Marco Fonzo ◽  
...  

Before the introduction of universal vaccination, hepatitis B caused high morbidity and mortality, especially among healthcare workers. In the present study, the immune status against hepatitis B was assessed in a cohort of 11,188 students of the degree courses of the School of Medicine of the University of Padua (Italy) who had been subjected to mandatory vaccination in childhood or adolescence and who will be future healthcare workers. The variables that influence the antibody response to vaccination are mainly the age at which the vaccine was administered and sex. If vaccination was administered before one year of age, there is a high probability (around 50%) of having an antibody titer lower than 10 IU/L compared to those vaccinated after one year of age (12.8%). The time between vaccine and analysis is not decisive. Furthermore, female sex, but only if vaccination was administered after one year of age, shows a significant (p = 0.0008) lower percentage of anti-HBs below 10 IU/L and a greater antibody titer (p < 0.0001). In conclusion, the differences related to the age of vaccination induce more doubts than answers. The only plausible hypothesis, in addition to the different immune responses (innate and adaptive), is the type of vaccine. This is not easy to verify because vaccination certificates rarely report it.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
R Thomas ◽  
L Charrier ◽  
M Bo ◽  
C M Zotti

Abstract Issue Globally, between 2016 and 2018, low vaccination coverage rates led to an increase of measles cases and related deaths. The WHO European Region reported a total of 83540 measles cases and 74 deaths in 2018, versus the 5273 cases and 13 deaths in 2016, with WHO global estimates reporting 333445 cases. In order to contrast these outbreaks, the European Vaccine Action Plan 2015-2020 states that the ideal immunization coverage for measles must be 95%. Although, this rate is not reached and maintained everywhere, thus one debated solution is to adopt compulsory vaccination plans rather than recommended. Our aim is to analyse if compulsory policies may increase coverage. Description Between 2014 and 2018 3 countries (Italy, France and California) changed their measles vaccination policies from recommended to compulsory to fight low immunization. In order to describe the effects of this action, we compared their measles coverage rates in 2014 and 2018 together with other 12 OECD countries rates who adopt both recommendation and obligation, evaluating the trend variations. Data were collected from OECD's, WHO's and Ministries of Health's documents. Results After the introduction of obligation, California (91% in 2014; 95% in 2018) and Italy (87% to 94%) coverage rates increased, while France's reduced (91% to 90%). Of other mandatory countries, only Australia showed an increase (94% to 95%); totally, 37.5% mandatory countries showed an increase among the analysed ones. Through the same period, 50% of analysed countries with recommendation maintained rates over 95%, 10% increased, while 40% remained below 95%. Lessons Even if mandatory vaccinations can lead to a sharp increase of coverage in a short time in response to emergency situations, the causes and solutions of hesitancy are more complex than law enforcement. Some countries without obligation show rates constantly above 95% throughout the years, demonstrating that other measures can be taken to fight low immunization. Key messages Apart from estimates coming from WHO and OECD, it is difficult to find extensive and official information about the application and the effectiveness of vaccination policies in different countries. Low immunization coverage rates rely on different causes (information, religion, personal beliefs, trust), thus the application of mandatory vaccination alone is not sufficient to fight hesitancy.


2018 ◽  
Vol 31 (5) ◽  
pp. 214-217 ◽  
Author(s):  
Nikolija Lukich ◽  
Michael Kekewich ◽  
Virginia Roth

Each year, many healthcare organizations deal with low influenza immunization rates among staff. Mandatory influenza vaccination programs may be considered in order to address this issue. These types of programs have caused controversy in the past, as staff has argued that they infringe upon their liberties and right to autonomy. However, if viewed from a public health perspective, mandatory vaccination programs are beneficial for both employees and patients and can be justified. When individuals make the decision to work in the medical field, it is assumed that their values align with those of the organization for which they work. This overrides their right to autonomy, since they are expected to put the safety of their patients ahead of their own personal interests. Although some may argue that receiving a flu shot is unsafe, evidence has demonstrated the opposite, and the minimal discomfort that may result from a vaccine is not enough to negate the responsibilities that healthcare workers have toward the patients they serve.


2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.


Author(s):  
Elena Arce Jiménez

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.


1995 ◽  
Vol 11 (3) ◽  
pp. 349-350
Author(s):  
Giorgio Serafini ◽  
Stefano Caramello ◽  
Secondo Vaudetto

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