The Constitutional Council ruled that compulsory vaccination complied with the constitutional requirement of health protection.
It’s a blow to the anti-vaccine leagues! In a decision rendered this Friday, the Constitutional Council affirmed that the compulsory vaccination of a child was in accordance with the French Constitution of 1958.
The principle of obligation reaffirmed
This court was called upon to rule following a priority question of constitutionality (QPC) posed by a couple, Marc and Samia Larère, summoned before the correctional court of Auxerre. The parents had refused to have their two children vaccinated against diphtheria, tetanus and polio. The DTP vaccine contained, according to them, a toxic product.
The Wise Men noted in particular “that by imposing these vaccination obligations, the legislator intended to fight against three very serious and contagious diseases which cannot be eradicated. “They thus underlined that this obligation, which concerns three vaccines, proves in particular to be in conformity” with the constitutional requirement of health protection. “
… except for recognized medical contraindication
The members of the Board also recalled that the legislator “has taken the precaution of specifying that each of these vaccination obligations is only necessary subject to a recognized medical contraindication. “
While concluding by launching an appeal to the legislator for whom he considers “open to define a vaccination policy in order to protect individual and collective health. “
A complex schedule
In France, only the DTP is made compulsory by the Public Health Code and the fact of avoiding it is punishable by the Penal Code. In addition, there are obligations applicable to certain professions.
For experts, this referral to the Constitutional Council illustrates the need to open the debate on vaccine policy in France. Prof. Daniel Floret, president of the technical committee for vaccinations at the High Council for Public Health (HCSP), believes that it will “surely be necessary to review the lists of compulsory and recommended vaccines. “
Listen to Prof. Daniel Floret, president of the CTV: ” Once the Council’s decision is taken, the debate will be launched. It will first be necessary to return to the expertise to perhaps subsequently review the lists.… ”(interview carried out on March 13, 2015)
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