“Mandatory vaccination should be considered an option if public health continues to be at risk,” “History teaches us: push through mandatory vaccination,” “Mandatory vaccination can backfire,” and “Mandatory vaccination: why, does it help, and can it just happen?” [1]
These recent headlines show that the debate on compulsory vaccination for children has flared up again. This follows the announcement by the VVD that it is working on a bill that would make it possible to refuse children who do not participate in the National Immunization Program (hereinafter: “unvaccinated children”) at daycare centers if the vaccination rate is too low. The National Immunization Program protects against 13 serious infectious diseases, including whooping cough, tetanus, polio, mumps, measles, and rubella. The VVD’s proposal aims to counteract the declining vaccination rate. If the vaccination rate falls, infectious diseases for which vaccines exist quickly rear their heads. This is already evident in the Netherlands, where the National Institute for Public Health and the Environment (RIVM) reported 7,200 cases of whooping cough last week, the highest number in ten years. Four babies have died from whooping cough in recent weeks, the highest number since 1963. In addition, two adults have died from whooping cough this year. According to experts, the main cause of this is the declining vaccination rate. The number of people infected with the measles virus is also increasing. Hospitals across the country are preparing for a measles outbreak.
In other European countries, too, the number of infections with various infectious diseases is increasing significantly. Several European countries, including France, Italy, Latvia, Croatia, and Poland, already have a mandatory vaccination program for children. Although the specific vaccinations required and the consequences of non-compliance vary from country to country, several European countries consider mandatory vaccination of children against certain infectious diseases to be permissible. This raises the question of whether mandatory vaccination for Dutch children is a possibility and whether it would be permissible to deny unvaccinated children access to childcare.
In an earlier news article by our firm, we discussed that the European Court of Human Rights (hereinafter: ‘the Court’) ruled on April 8, 2021 () that a mandatory vaccination program against certain infectious diseases is not, in principle, contrary to the European Convention on Human Rights (hereinafter: ‘ECHR’), more specifically Article 8 ECHR (‘the right to respect for private life’), and therefore that the contracting states may introduce a compulsory vaccination program. Vaccinations may not be imposed compulsorily, in the sense that they may not be administered against people’s will, but not taking a vaccine may have far-reaching consequences for the persons concerned. According to the Court, it was up to the national legislature to determine what those consequences might be.
This ruling is highly relevant to the questions of whether a compulsory vaccination program for children could be introduced in the Netherlands (and the other contracting states) and whether it would be permissible to refuse unvaccinated children at childcare facilities. In short, the dispute in this case concerned the following facts. Czech parents complained to the Court about national legislation stipulating that children under the age of 15 were required to be vaccinated against nine infectious diseases. If the parents did not comply, their children were excluded from daycare centers (for children up to 3 years of age) and certain preschool facilities (i.e., facilities that accept children up to 6 years of age), and the parents were fined. The Court ruled that the Czech Republic was entitled to introduce a compulsory vaccination program and that the measures taken did not violate the ECHR, even emphasizing several times that early childhood is often the optimal time for vaccination against infectious diseases.
In view of the above, compulsory vaccination (although it may not be imposed coercively, in the sense that vaccinations may not be administered against people’s will) for children in the Netherlands (and Europe) is certainly not inconceivable, at least as far as the Court is concerned.
Dutch (national) legislation and regulations, such as the Constitution and the General Equal Treatment Act (Awgb), also do not appear to constitute an obstacle to compulsory vaccination and the refusal of unvaccinated children at childcare facilities. At the time of writing, however, it seems unlikely that the Dutch legislature will introduce such a policy. Both a majority of the House of Representatives and the outgoing cabinet are opposed to a mandatory vaccination program. That does not mean that mandatory vaccination is completely off the table. The VVD remains convinced of the need for compulsory vaccination and is still actively working on a bill to that effect.
This article was written by Noa van Eijs. If you have any questions regarding this article, please contact us at n.vaneijs@paulussen.nl or 043 – 321 66 40. Appointments are available both on location and at our offices in Maastricht and Heerlen.
[1] “Mandatory vaccination must be considered as an option if public health continues to be at risk,” De Telegraaf, March 16, 2024; A. Kort, “History teaches us: push through mandatory vaccination,” Trouw, March 22, 2024; R. Simons, J. Legemaate & C. Ploem, ‘Compulsory vaccination can be counterproductive’. Trouw March 25, 2024; L. van Sadelhoff, ‘Compulsory vaccination: why, does it help, and is it just like that?’, rtl.nl March 22, 2024.
Nieuws Overzicht