title: [Mandatory vaccination and health's right: the value of case law in the public health practice in Italy].
abstract: In Italy there have been several court appeals registered, which have been driven by individual convictions or group actions or movements and were aimed at obtaining exemption from the obligation to comply with compulsory vaccinations required by law. The aim of the present paper is to provide a quick review of the sentences resulting from activating these disputes, in order to contribute to the debate on overturning compulsory vaccination. The Jurisprudence of the Italian Constitutional Court has repeatedly confirmed the judgment on the constitutionality of rules on obligation, clarifying that only where specific reasons exist that make vaccinating the individual dangerous may non-compliance with the rules on compulsory vaccination be justified. This is in contrast with the case law on enforcement of compulsory vaccination, through the temporary suspension of parental authority. Taking responsibility for promoting immunisation decisions away from Public Health Services and handing it to the courtroom is not advisable, given the very small benefit. The problem must be placed under the careful attention of the Health Service due to communicative implications, which can be serious during the transition from a compulsory system of immunisation to a voluntary one.
authors: Dipartimento di Scienze Biomediche e Oncologia Umana, Sezione di Igiene, Università degli Studi di Bari Aldo Moro.
authors: S
authors: S
authors: Tafuri
authors: D
authors: D
authors: Martinelli
authors: R
authors: R
authors: Prato
authors: C
authors: C
authors: Germinario
mesh_terms: D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007558:Italy; D015980:Public Health Practice / Q000331:legislation & jurisprudence*; D014611:Vaccination / Q000331:legislation & jurisprudence*