強制接種疫苗的反思：以基本權干預與刑罰規制為討論中心【醫事綜探】 試閱
Rethinking the Proactive Vaccine Policy: A Discussion of Human Rights and Criminal Liability
強制兒童接種疫苗是法國在2018年起推動的公共衛生政策，其內容引起了全球的注目，這項新的立法將干預人民的受教權與自主權，且同時賦予違反規定的行為人刑事不法責任，形成與臺灣完全不同的規範態度，值得加以探究。
This article focuses on the vaccine policy in French. Basic on the code of public health in French, children born after 1st Jan, 2018 should accept 11 vaccines against infectious diseases. On the contrary, children who don’t obey this policy will be prohibited to nurseries, schools and camps, while their parents will be imprisoned and fined. However, this policy may interrupt human rights, especially patients’ autonomy. In terms of Theory of Criminal Law, the penalty of imprisonment or fine toward parents might violate the ultima ratio of penalty.
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