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

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posted on 2023-10-12, 05:56 authored by R McWhirter, Martin ClarkMartin Clark
In Vavřička 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.

Funding

This work was supported in part by a Deakin Science and Society Network Incubator Grant.

History

Publication Date

2023-07-01

Journal

The Modern Law Review

Volume

86

Issue

4

Pagination

14p. (p. 1035-1048)

Publisher

Wiley

ISSN

0026-7961

Rights Statement

© 2023 The Authors. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited and is not used for commercial purposes.

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