Compulsory vaccination and access to educational institutions: The model of the United States and Italy: A study of comparative law

This comparative law study examines the historical development and legal aspects of compulsory vaccination and its relationship with access to educational institutions in the United States and Italy. The paper explores the origins of school vaccination policies in the United States, noting the correlation between the enactment of compulsory school attendance laws and the introduction of mandatory immunization. It highlights the role of smallpox epidemics as a driving force behind the adoption of compulsory vaccination laws, often integrated into broader bills promoting comprehensive public vaccination. The study delves into the challenges faced by school vaccination laws, including opposition from parents and other stakeholders based on legal, ethical, social, and epidemiological grounds. It examines the resistance encountered by local School Boards against state-level mandatory vaccination laws, emphasizing the tension between state oversight and local autonomy in managing school health programs. The paper also explores judicial challenges to vaccination policies and the varying court decisions regarding their constitutionality and enforcement. Shifting focus to Italy, the paper discusses the jurisprudence surrounding compulsory health treatment, including vaccinations, as determined by the Italian Constitutional Court. It highlights the criteria established by the Court, such as the requirement for compulsory treatments to aim at improving or protecting individual and public health without causing significant harm. The Court emphasizes the responsibility of the Legislature in implementing measures that balance the constitutional protection of health with individual rights and the need for preventive investigations to assess and mitigate potential risks associated with vaccinations. By examining the historical context, legal framework, and judicial perspectives in the United States and Italy, this comparative analysis sheds light on the complexities and evolving nature of compulsory vaccination policies and their intersection with access to educational institutions. Understanding the nuances of these systems can contribute to informed discussions and policy considerations in the ongoing public health discourse. This paper offers a systematic view of the relationship between mandatory vaccination and resistance to vaccination by families of minors. Wanting to reconstruct the issue at a systematic level, the author has not dealt with the issues and facts arising from the Covid - 19 epidemic because they are still in the making and difficult to assess.