Obbligo vaccinale e legislazione sanitaria in ambito scolastico, ovvero i corsi e ricorsi della storia

Abstract

The recent law n. 119/2017 laying down “urgent provisions on vaccination prevention” has provoked a broad debate in public opinion and in the scientific community both on the opportunity for regulatory choice and in relation to the problems related to compulsory vaccination against minors. In this perspective, it must be remembered how, before 1999 (year in which some regions decided to adopt regulations derogating from the paradigm of compulsory), the transgressions to the vaccination obligations ensured the application of administrative penalties Financials, also in accordance with art. 47, D.P.R. n. 1518/1967, refusal of admission to compulsory schooling and examinations in case of non-certification of the pupil's subposition to compulsory vaccinations. So can we talk about a return to the past? The answer is not linear or simple, but involves an examination of the existing legislation in relation to the innovations made in 2017, evaluating the historical context, the social sensitivity and the state of scientific knowledge that represented the Hinterland on whose basis certain regulatory choices have been taken. There is no doubt, however, that the balance between the collective interest in health, the right to education and individual self-determination has emerged and has changed, which paves the way for reflections on the balancing criteria between the rights Constitutional in a pluralist context.