Supreme Court of Appeals reverses compulsory vaccination ruling

Dinçer Gökçe – ISTANBUL

Turkey’s Supreme Court of Appeals has reversed a local court ruling requiring compulsory vaccination for a couple’s baby, citing the Turkish Constitutional Court which previously reversed a similar ruling arguing the requirement was a “violation of rights.”

The Supreme Court’s decision, which experts say will set a precedent for the 1.3 million babies born in the country last year, came after the couple, who was prosecuted for rejecting their child’s compulsory vaccination, appealed a northern province of Karabük Family Court’s decision ordering the mandatory inoculation of children even if their parents disapprove.

Referring to the Constitutional Court’s previous ruling on a similar case, the Supreme Court’s 2nd Civil Chamber said the family in that case was found not guilty and that the requirement of compulsory vaccination was regarded as a “violation of rights.” Based on this ruling, the court reversed the decision, concluding that making a ruling in contrast to the Constitutional Court was not possible and that such a decision would eventually go to the Constitutional Court on appeal.

After the Constitutional Court’s related ruling in November 2015, the Turkish health minister registered his criticism, saying: “I wish the Constitutional Court issued the ruling taking into account insights from scientific institutions. The rights of individuals matter, but do not matter as much as that of the entire society.”