Published: 2021-03-13

The Preliminary Medical Examination for the Compulsory Preventive Vaccination of Children and Legal Liability under Article 115 of the Polish Code of Offences

Sebastian Czechowicz
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.1.07

Abstract

This article is a review of the medical examination qualifying patientsfor treatment as a component of the compulsory vaccination schemeoperating in Poland. I look at the jurisdiction and the different views onlegal doctrine in this respect, and show the strict correlation between thepreliminary medical examination and subsequent vaccination. I also review the statistical data on the implementation of compulsory preventivevaccination. I then proceed to a discussion of compulsory vaccinationand the associated legal reservations.

My main objective was to answer the question whether a parent’s or guardian’s failure to send a child for the preliminary medical examination prior to vaccination could give sufficient grounds for liability. I conducted a detailed analysis of Article 115 of Kodeks Wykroczeń (the Polish Code of Offences), which concerns the evasion of compulsory vaccination. I had to prove a close connection between the work of the public administrative bodies responsible for compulsory vaccination and prosecution under Article 115.

Keywords:

preliminary medical examination; compulsory preventive vaccination; patient cosent; legal liability.

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Citation rules

Czechowicz, S. (2021). The Preliminary Medical Examination for the Compulsory Preventive Vaccination of Children and Legal Liability under Article 115 of the Polish Code of Offences. Zeszyty Prawnicze, 21(1), 195–214. https://doi.org/10.21697/zp.2021.21.1.07

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