At the start of the vaccination campaign against Covid-19, the emphasis was placed on its non-compulsory nature in care facilities for the elderly and on the importance of obtaining consent. However, questions exist on the possibility of vaccinating a person without his consent, not only when he is not in a state to express his will, but also for the sake of protecting the community, while vaccination seems gain broad support within institutions.
By Juliette VielH, associate lawyer, firm Goutal Alibert & associés Vaccination constitutes an act of prevention obeying the common law of medical acts. In this area, however, the principles of autonomy and personal integrity prevail. Article L.1111-4 of the Public Health Code (CSP) thus provides that “no medical act or treatment may be performed without the free and informed consent of the person and this consent may be withdrawn at any time. “. This text imposes two obligations: that of obtaining the patient’s consent prior to any medical act and that of appropriate and understandable information, suitable to enable him or her to consent or not to the act proposed to him. health is guaranteed by the Preamble to the 1946 Constitution. On this basis, the legislator is free to define a vaccination policy in order to protect health …
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