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04 February 2022
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The Taming of the Czech Executive

On Wednesday, 2/2/2022, the Czech Supreme Administrative Court quashed an executive measure imposing the so-called “2G rule” (geimpft/genesen, i.e. vaccinated/recovered) on selected service providers, most importantly restaurants and hotels. While the vocal opponents of vaccination celebrate the ruling and refer to the judiciary as ‘the last bastion of freedom’, there was some major misrepresentation of what the SAC has (not) established in this very viral judgment. The executive measure under review was not quashed because ‘the state must not force people into voluntary vaccination’, nor because ‘kicking the unvaccinated out of pubs is illegal and must stop’. Since the only legal argument for quashing the measure was the lack of competence of the Ministry of Health, it seems like there was much ado about nothing. Continue reading >>
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19 November 2021

Majority

The Virus, the Vaccination and the Possibility of Being Outvoted Continue reading >>
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28 May 2021

Masks, vaccines, and investment promises

When the WHO declared a pandemic on March 11, 2020, the spread of the virus was already under control in China. Ever since Beijing has been engaging in widespread health diplomacy. China aims to promote the image of China as a “responsible great power” and of Western states in as powers in decline that are unable to provide solutions for complex international affairs. Continue reading >>
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10 May 2021

COVID-19 vaccines: How Structural Factors Can Vitiate Patient Autonomy and Dictate Vaccine Choice

Financial self-interest, fiscal considerations, geopolitics, sovereignty, governance, protectionism, and nationalism are currently dictating COVID-19 vaccine procurement at the macro level. Such structural factors indirectly vitiate autonomy at the grassroots level and run counter to the ideal that individuals should have access to the highest attainable standard of health. Continue reading >>
07 May 2021
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Three Crises and One Waiver

On patents, pandemics, and old hues on new world maps Continue reading >>
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05 May 2021

Possibly Constitutional, But Not This Way

Earlier this year, the Parliament of the Autonomous Community of Galicia, Spain, amended the regional Health Act of Galicia to introduce, inter alia, the possibility to impose administrative fines on people who ‘unjustifiably refuse’ to comply with an order to be vaccinated against a given disease. This is the first-ever explicit legislative provision in Spain setting out sanctions for those opposing vaccination. On 21 April, the Spanish Constitutional Tribunal declared an unconstitutionality appeal against the reform of the HAG admissible. Continue reading >>
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25 April 2021

Paving the Way for Equitable Access to Vaccination

The global and regional distribution of COVID-19 vaccines has become one of the biggest geopolitical issues in the fight against the pandemic. On April 7, the Inter-American Commission on Human Rights published its Resolution 1/2021 “COVID-19 Vaccines and Inter-American Human Rights Obligations.” As it looks back on more than one year of health crisis and its multiple effects over all spheres of life, the Resolution addresses the urgency of ensuring rapid immunization throughout the Americas. Continue reading >>
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12 April 2021

Is Compulsory Vaccination Compulsory?

On Thursday 8 April 2021, the European Court of Human Rights delivered its judgment in Vavřička and others v. the Czech Republic. The Grand Chamber ruled strongly (16:1) in favour of the Czech government, granting the state a wide margin of appreciation in the assessment of the need for compulsory vaccination of children. In light of the COVID-related challenges, it is important that the Court took a clear stance regarding the importance of vaccination. At the same time, however, it is regrettable that the Court did not offer a stronger and more coherent reasoning justifying its value-driven decision. Continue reading >>
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07 April 2021

The Italian “No Jab, No Job” Law

While the world tackles the thorny issues of vaccine passports and “no jab, no job” policies, on April 1st 2021 Italy became (to the best of my knowledge) the first country to enact a law specifically prescribing COVID-19 vaccination for healthcare workers, with non-compliance entailing removal from healthcare activities or, when this is not possible, suspension from work and wage. This may appear as an infringement of the constitutionally protected right to health as a matter of self-determination. But in fact, given the case-law of the Italian Constitutional Court, the newly enacted obligation seems to meet the requirements of the Italian Constitution. Continue reading >>
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31 March 2021

Principled Generosity Mixed with Unmanaged Market

The EU is experiencing internal dissatisfaction at its inability to supply Member States with enough Covid-19 vaccines, while other countries – notably the UK – are racing ahead of it towards the end of the pandemic. Much criticism of the EU is unfair. It is being compared with countries that have shown more brutal and unashamed vaccine nationalism, but it should be proud that it has not gone down this path. By contrast, its role as global and regional vaccine supplier should not hide the fact that it has been too slow to recognize that vaccine sales cannot be left to the free market, while the Member States should not be allowed to hide their absence of leadership, initiative or organization behind critique of the EU. Continue reading >>