Communicated on 11 January 2021
Published on 1 February 2021
SECOND SECTION
Application no. 20874/18
Dragana BAŠA
against Serbia
lodged on 25 April 2018
SUBJECT MATTER OF THE CASE
The application concerns the compulsory vaccination of persons in Serbia, including the compulsory vaccination of preschool/school-going children. In his application, the applicant, a parent, relies on various provisions of the Convention, as well as on Protocol No. 1 and Protocol No. 12 thereto. Ultimately, the Constitutional Court ruled against the applicant and a number of other appellants who had raised the same issues before it.
QUESTIONS TO THE PARTIES
1. Are the applicant’s complaints compatible with the provisions of the Convention, ratione personae, in so far as they relate to the compulsory vaccination of preschool/school-going children?
2. Has the applicant exhausted and/or properly exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
3. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
4. Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the Constitutional Court’s reasoning in the present case in breach of the applicant’s “right to a reasoned decision” within the meaning of that provision?
5. Has there been an interference with the applicant’s right to respect for her private and/or family life, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
6. Has the applicant suffered discrimination contrary to Article 14 of the Convention, read in conjunction with Article 2 of Protocol No. 1, and/or in breach of Article 1 of Protocol No. 12?
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