Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic

Rebekah McWhirter, Martin Clark

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

In Vavricka v Czech Republic, the European Court of Human Rights held that the Czech Republic's childhood vaccination policy did not contravene the article 8 right to private life. This note presents a rhetorical and contextual analysis of the Court's engagement with questions of expertise. The majority's application of a wide margin of appreciation avoided grappling with the details of scientific and medical authority, as much as the political challenges raised by the application. We conclude by considering the wider context and limits of rights-based approaches to global public health.
Original languageEnglish
Pages (from-to)1035-1048
Number of pages14
JournalModern Law Review
Volume86
Issue number4
Early online date6 Mar 2023
DOIs
Publication statusPublished - Jul 2023
Externally publishedYes

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