![]() ![]() The case, from pre-pandemic days, centred on the Czech Republic’s requirement that children be vaccinated against nine diseases to be allowed attend nursery school. Notably, in a case earlier this year, the European Court of Human Rights held that compulsory vaccination of children for certain diseases does not necessarily violate human rights. Many European states have already introduced compulsory vaccinations for certain sectors such as healthcare professionals and other public sector workers. The lack of antibodies against specific disease is not a “protected characteristic” under discrimination law. by drawing a clear distinction between the vaccinated and unvaccinated, any challenge based on discriminatory treatment is unlikely to succeed. While Austria’s new lockdown is different from earlier lockdowns. ![]() In this sense, it may be seen as less intrusive on human rights than compulsory vaccination. ![]() In justifying his country’s new policy, the Austrian chancellor, Alexander Schallenberg, said: “My aim is very clear: to get the unvaccinated to get vaccinated, not to lock up the unvaccinated.” The move is an attempt to get people to get vaccinated without making vaccination compulsory. What might the European Convention on Human Rights say about this particular case? Like other pandemic policy decisions, this lockdown raises questions about how far states can take emergency powers, and whether they will violate human rights law in doing so. Austria’s government has pointed the finger of blame firmly at the unvaccinated, announcing a new lockdown only for those who have not had the jab. As winter sets in across Europe, COVID-19 cases are beginning to rise, despite the vast roll-out of mass vaccination programmes earlier this year. ![]()
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