Constitutional Court: No Vaccination for Children Against Parents’ Will

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Constitutional Court (AYM) has decided that vaccinating children without parents’ consent would contradict the constitution.

Halime Sara Aysal who had made the appeal that conduced the  AYM’S decision, had rejected the vaccination during the babyhood of her child yet the court had ordered the enforcement health measure.

Following this, Aysal had appealed to the AYM on the grounds of the violation of the right to protect and enhance moral and material existence.

Justifications of the decision

AYM has stated in its reasoned decision that “ [...] vaccination enforcement constitutes clearly an interference in the physical integrity regardless of the magnitude of the interference”.

In the justifications of the decision, the court has emphasized that “Enforcement of mandatory health measures in the matter of vaccination during babyhood constitutes an interference in the right to protect and enhance moral and material existence”.

Regarding the appeal, AYM has rendered the verdict of “violation of the right to protect and enhance moral and material existence guaranteed under the Article 17 of the Constitution” by a majority vote.

Only one court member has voted against. (YY/DG)