ECtHR 8 April 2021, application no. 47621/13 and 5 others (Vavřička and Others v. the Czech Republic), Privacy, Miscellaneous

• Summary

  Mandatory vaccination policies may not be contrary to art. 8 ECHR.

• Judgment

  The Court:

  • Decides to join the applications;

  • Decides, unanimously, to join to the examination of the merits of the complaints of the applicants Brožík and Dubský under Article 8 of the Convention the Government’s objection of non-exhaustion of domestic remedies in relation to those complaints;

  • Declares, unanimously, the complaints under Article 8 of the Convention admissible;

  • Declares, by a majority, the complaints under Article 9 of the Convention inadmissible;

  • Declares, unanimously, the complaints under Articles 2, 6, 13 and 14 of the Convention inadmissible;

  • Holds, by sixteen votes to one, that there has been no violation of Article 8 of the Convention and finds that, accordingly, the Government’s objection of non-exhaustion of domestic remedies in relation to the Article 8 complaints of the applicants Brožík and Dubský has become moot and as such calls for no examination;

  • Holds, by sixteen votes to one, that there is no need to examine the applications of the child applicants separately under Article 2 of Protocol No. 1.