- Author:
Artur Biłgorajski
- E-mail:
artur.bilgorajski@us.edu.pl
- Institution:
Uniwersytet Śląski w Katowicach
- ORCID:
https://orcid.org/0000-0002-1389-4520
- Year of publication:
2022
- Source:
Show
- Pages:
53-64
- DOI Address:
https://doi.org/10.15804/ppk.2022.03.04
- PDF:
ppk/67/ppk6704.pdf
Restrictions on Freedom due to the Premise of “Health Protection”. A Few Remarks Inspired by the SARS-CoV-2 Pandemic in the Republic of Poland
There is no question that “health protection” is the premise for the establishment of constitutional restrictions on rights and freedoms. It has been so far the subject of legal science only exceptionally and occasionally; mainly in the context of restrictions on the freedom of economic activity. It was only the SARS-CoV-2 pandemic in the Republic of Poland that brought a wider interest in this category, referring it also to the limitations of another fundamental freedom – freedom of expression. Considering the above, the analysis of legal limitations on the freedom of expression, imposed on the basis of the premise of health protection, seems to be by all means justified and purposeful.
- Author:
Maciej Pakowski
- E-mail:
ekokancelaria@pakowski.pl
- Institution:
Izba Adwokacka w Łodzi
- ORCID:
https://orcid.org/0000-0001-7943-5223
- Author:
Anna Garus-Pakowska
- E-mail:
anna.garus-pakowska@umed.lodz.pl
- Institution:
Uniwersytet Medyczny w Łodzi
- ORCID:
https://orcid.org/0000-0002-1677-8146
- Year of publication:
2024
- Source:
Show
- Pages:
209-225
- DOI Address:
https://doi.org/10.15804/ppk.2024.06.14
- PDF:
ppk/82/ppk8214.pdf
Mandatory Vaccinations and the Right to Privacy. Outline of the Problem
The objective of this publication was to illustrate that the requirement for vaccinations does not infringe upon the right to privacy. The doctrine’s definition of this right’s scope and the case law resolving conflicts between the right to privacy and the vaccination obligation were examined for this purpose. It has been demonstrated that public authorities have a lengthy legal history of restricting the right to privacy in order to enforce vaccination requirements. In addition, the principles of proportionality, adequacy, and equitable balance that have been established in domestic and international case law were cited as criteria for determining whether it is lawful to restrict the right to privacy in favour of other rights. It was argued that the vaccination requirement is proportional and sufficient to achieve the intended objective of safeguarding public health.