L’evoluzione della disciplina in materia di vaccinazioni nel quadro dei principi costituzionali

The d.l. 7 june 2017, n. 73 has expanded the vaccinacion obligations for children up to 16 years. The costitutional legitimacy of this legislation is very disputed because it limits some fundamental rights (freedom of choice, parental responsability, right to education) and imposes health treatments that are not without risks. In order to illustrate the aims and contents of the new discipline, the paper identifies the constitutional principles that base the power of public institutions to regulate the compulsory medical treatments and critically examines the evolution of legislation and jurisprudence. Finally, it highlights the profiles to be enhanced to ensure effectiveness of the new discipline and hopefully to overcome the mandatory regime.