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  • Pravica do javnega zdravja in cepljenje prebivalstva = The right to public health and the vaccination of the population
    Ruparčič, Jože
    The doctrine of the “positive” duties of the state is based on the premise that all state bodies have a positive duty to protect human rights or a short “protective duty” (“Schutzpflicht”). The ... positive duties of the state are inextricably linked to the individual human right guaranteed by the Constitution. Constitutionality presupposes the existence of values and principles that our civilizational environment considers the highest. And right at the top of these value domains are the rights to life and health. Constitutional democracy is conceived as a social order in which fundamental human rights and freedoms, fundamental democratic principles such as the rule of law, the principle of the welfare state, the principle of constitutionality, the principle of separation of powers are formally guaranteed and respected in practice. The content of these principles and values evolves over time and with the development of the civilizational environment. The core of democracy, the rule of law and constitutionality are fundamental human rights and freedoms. They are a kind of value criterion and the minimum content that every political and legal system or every decision of the authorities must respect if they want to maintain at least a minimum level of democracy and justice. As a rule, human rights may be restricted if this is necessary to secure other rights and freedoms, or to protect other public interests that are more important than a particular right in a specific case. Any interference with human rights must be legitimate and also proportionate. The action of the state must be justified in such a way as to affect as little as possible the rights and interests of those affected by it. The goal of vaccination is to prevent the spread of infectious diseases and represents the state’s response to the social need to protect the health and life of the individual, as well as public health in general, as it effectively contributes to a further decline in the number of infected. It is a legitimate aim in the public interest because it means protecting the health of the individual and protecting the health of the entire population if the medical profession so decides. The issue of introducing compulsory vaccination remains open-expert views are presented, suggesting solutions.
    Vrsta gradiva - članek, sestavni del ; neleposlovje za odrasle
    Leto - 2021
    Jezik - angleški
    COBISS.SI-ID - 103825667