OBBLIGO DI VACCINAZIONE E RIPARTO DI COMPETENZE LEGISLATIVE. NOTA A CORTE COST. N. 5 DEL 2018

In recent years, vaccination has, once again, sparked controversy stemming from a growing debate about its consequences on health, especially of children. Indeed, some give credit to the (scientifically unproven) opinion that vaccination negatively affects health. The controversy has not been limited to a cultural debate. The prevailing opinion and the official position of the relevant institutions is that there is no correlation between vaccination and harm to human health. However, given a recent decrease in the number of vaccinated people and minors, moral suasion has been trying to bring back a higher level of vaccination. Lastly, the government passed law decree 73/2017 in order to ensure a level of coverage sufficient to guarantee “the flock effect” by making vaccination mandatory for students in the first years of their education. The Veneto Region has challenged the law decree and subsequent law arguing, among others, the breach of regional competences. After a brief overview of some classical scholarly considerations, the author will discuss the position of the Veneto Region as argued before the Court, as well as the reasons the Court gives in its decision n. 5 of 2018 to dismiss the complaint.