Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right
Vaccine hesitation, described by theWHOas “delay orrefusal in the acceptance of vaccines notwithstanding the availability of vaccine services” and vaccine refusal, defined as the rejection of all vaccines, have been documented in more than 90% of the world’s countries. In Turkey, some parents are in...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2022-12-01
|
| Series: | İstanbul Hukuk Mecmuası |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DFEE227163884DF08D91DA48EEE2BA46 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850189796576591872 |
|---|---|
| author | Seda İrem Çakırca Yüceoğlu |
| author_facet | Seda İrem Çakırca Yüceoğlu |
| author_sort | Seda İrem Çakırca Yüceoğlu |
| collection | DOAJ |
| description | Vaccine hesitation, described by theWHOas “delay orrefusal in the acceptance of vaccines notwithstanding the availability of vaccine services” and vaccine refusal, defined as the rejection of all vaccines, have been documented in more than 90% of the world’s countries. In Turkey, some parents are increasingly rejecting vaccination of infants. These vaccines are essential to prevent the emergence of preventable diseases, especially in infants, and to prevent deaths caused by these diseases. The discussion of making vaccinations compulsory after the Covid-19 pandemic made it important to reexamine the necessity of infancy vaccinations. In its Halime Sare Aysal decision regarding infancy vaccination in 2015, the Constitutional Court found legal representatives of infants who refuse to consent to infancy vaccination practices to be a violation of rights. However, contrary to the Constitutional Court decision’s reasoning, when the issue of whether to give consent that will make the medical intervention lawful is taken into consideration within the framework of the scope of limitation of the right of custody and “best interests of the child,” mandatory vaccination debates will cease to be a typical constitutional law debate. In the first part of this study, the regulation of infancy vaccination practices in comparative law will be discussed. Furthermore, in the second part, the legislation regarding infancy vaccination practices in Turkey and the position of the national and supranational judiciary will be examined. In the last part, the refusal of the legal representative of the infant to consent to medical intervention will be analyzed in the context of limiting or removing the right of custody on the basis of the best interests of the child. |
| format | Article |
| id | doaj-art-0eb9d46b2fa44bc9ac199a97336d7f5b |
| institution | OA Journals |
| issn | 2667-6974 |
| language | English |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-0eb9d46b2fa44bc9ac199a97336d7f5b2025-08-20T02:15:32ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742022-12-018041105113810.26650/mecmua.2022.80.4.0002123456Evaluation of Infancy Vaccine Applications within the Scope of Custodial RightSeda İrem Çakırca Yüceoğlu0https://orcid.org/0000-0002-1327-1833İstanbul Üniversitesi, İstanbul, TürkiyeVaccine hesitation, described by theWHOas “delay orrefusal in the acceptance of vaccines notwithstanding the availability of vaccine services” and vaccine refusal, defined as the rejection of all vaccines, have been documented in more than 90% of the world’s countries. In Turkey, some parents are increasingly rejecting vaccination of infants. These vaccines are essential to prevent the emergence of preventable diseases, especially in infants, and to prevent deaths caused by these diseases. The discussion of making vaccinations compulsory after the Covid-19 pandemic made it important to reexamine the necessity of infancy vaccinations. In its Halime Sare Aysal decision regarding infancy vaccination in 2015, the Constitutional Court found legal representatives of infants who refuse to consent to infancy vaccination practices to be a violation of rights. However, contrary to the Constitutional Court decision’s reasoning, when the issue of whether to give consent that will make the medical intervention lawful is taken into consideration within the framework of the scope of limitation of the right of custody and “best interests of the child,” mandatory vaccination debates will cease to be a typical constitutional law debate. In the first part of this study, the regulation of infancy vaccination practices in comparative law will be discussed. Furthermore, in the second part, the legislation regarding infancy vaccination practices in Turkey and the position of the national and supranational judiciary will be examined. In the last part, the refusal of the legal representative of the infant to consent to medical intervention will be analyzed in the context of limiting or removing the right of custody on the basis of the best interests of the child.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DFEE227163884DF08D91DA48EEE2BA46custodyinfancy vaccinationsthe best interest of the childconsent to medical interventionpublic health |
| spellingShingle | Seda İrem Çakırca Yüceoğlu Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right İstanbul Hukuk Mecmuası custody infancy vaccinations the best interest of the child consent to medical intervention public health |
| title | Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right |
| title_full | Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right |
| title_fullStr | Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right |
| title_full_unstemmed | Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right |
| title_short | Evaluation of Infancy Vaccine Applications within the Scope of Custodial Right |
| title_sort | evaluation of infancy vaccine applications within the scope of custodial right |
| topic | custody infancy vaccinations the best interest of the child consent to medical intervention public health |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DFEE227163884DF08D91DA48EEE2BA46 |
| work_keys_str_mv | AT sedairemcakırcayuceoglu evaluationofinfancyvaccineapplicationswithinthescopeofcustodialright |