L’utilizzo del dato scientifico nella giurisprudenza recente della CEDU: riflessioni sugli obblighi vaccinali

The article offers a critical analysis of the use and interpretation of biomedical evidence in the jurisprudence of the European court of human rights (ECtHR). In particular, the article looks at the complex relationship between scientific evidence and the margin of appreciation in circumstances dealing with compulsory vaccination. The case of Vavřička et al. v. Czech Republic, concerning the consequences of refusing child compulsory vaccination, is illustrative in this regard. Indeed, it allows for considerations over four relevant aspects: the assessment of scientific evidence before the ECtHR; the protection of persons adversely affected by the national measure; the exceptions to health-related compulsory measures under the ECHR; and the assessment of the best interests of the child.